Spinka v. State

OPINION

BRYNER, Chief Judge.

In this case, John Spinka entered a no contest plea to the charge of refusing to submit to a breath test, reserving, pursuant to Cooksey v. State, 524 P.2d 1251 (Alaska 1974), the right to appeal the district court’s denial of his motions to dismiss the refusal charge and to suppress evidence of his refusal. Upon Spinka’s plea to the refusal charge, the state dismissed the DWI charge arising from the same incident.

In accepting Spinka’s plea, Magistrate Lynn H. Christensen, in accordance with Oveson v. Anchorage, 574 P.2d 801, 803 n. 4 (Alaska 1978), concluded that…