Legal Opinion
Coleman v. State
Court of Appeals of Alaska
Decided March 4, 1983No. 7215PublishedCited by 16 opinions
1Opinion of the Court
OPINION
BRYNER, Chief Judge.
Walter W. Coleman, Jr., appeals his conviction of driving while intoxicated (DWI), in violation of AS 28.35.030. Coleman asserts that evidence of his refusal to take a breathalyzer test was improperly admitted at trial, in violation of his constitutional right against self-incrimination.
Under the express terms of AS 28.-35.032(e), evidence of refusal to submit to a breathalyzer test is admissible at trial if the defendant was lawfully under arrest for DWI at the time of his refusal. It is apparent that the purpose of this statutory provision is to assure that…
2Cases cited13 opinions
- South Dakota v. NevilleSupreme Court of the United States · 1983
- People v. ThomasNew York Court of Appeals · 1978
- State v. VietorSupreme Court of Iowa · 1978
- Elson v. StateAlaska Supreme Court · 1983
- Finley v. OrrCalifornia Court of Appeal · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1992
- Svedlund v. Municipality of AnchorageCourt of Appeals of Alaska · 1983
- Herring v. StateDistrict Court of Appeal of Florida · 1986
- Larry Deering v. Harold M. Brown, Attorney General of the State of AlaskaCourt of Appeals for the Ninth Circuit · 1988
- Burnett v. Municipality of AnchorageCourt of Appeals of Alaska · 1984
11 more not listed; retrieve them via the Exa API.