Legal Opinion

Bushnell v. State

Court of Appeals of Alaska

Decided July 21, 2000No. A-6944PublishedCited by 4 opinions

1Opinion of the Court

0 P I N I O N

COATS, Chief Judge.

Following a jury trial, Albert Steven Bushnell was convicted of felony driving while intoxicated (DWI)1 During the trial, the state admitted evidence of his breath test which indicated that his breath aleohol content (BAC) was .109 percent. Alaska Statute 28.40.060 provides that:

Except for an offense under AS 28.85.280, if an offense described under this title requires that a chemical test of a person's breath produce a particular result, and the chemical test is administered by a properly calibrated instrument approved by the Department of Public Safety, the…

2Cases cited7 opinions

  1. Barcott v. State, Department of Public SafetyAlaska Supreme Court · 1987
  2. Haynes v. State, Department of Public SafetyAlaska Supreme Court · 1993
  3. McCracken v. StateCourt of Appeals of Alaska · 1984
  4. Mangiapane v. Municipality of AnchorageCourt of Appeals of Alaska · 1999
  5. Kalmakoff v. Municipality of AnchorageCourt of Appeals of Alaska · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Motor Vehicle Administration v. LytleCourt of Appeals of Maryland · 2003
  2. Kimberlee Michelle Bratcher v. State of MississippiCourt of Appeals of Mississippi · 2015
  3. Jason Barnebey v. State of Alaska, Department of Administration, Division of Motor VehiclesAlaska Supreme Court · 2020
  4. Bushnell v. StateCourt of Appeals of Alaska · 2000

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