Huckaby v. State

OPINION

Bily Huckaby appeals from a conviction for reckless driving, AS 28.35.040. The sole issue in the merit appeal concerns the admissibility of a breathalyzer test result. The sentence is also appealed as excessive.

Huckaby was indicted and tried for three counts of negligent homicide growing out of a single vehicle accident during which he lost control of a pickup truck he was driving; it left the road and turned over. The decedents were friends of Huck-aby riding as passengers in the rear-bed of the truck. The evidence at trial established that Huckaby was speeding and had been drinking.…