Legal Opinion
Conrad v. State
Court of Appeals of Alaska
Decided September 27, 2002No. A-8065PublishedCited by 17 opinions
1Opinion of the Court
OPINION
STEWART, Judge.
This case requires us to construe the offense of driving while intoxicated under AS 28.85.080(a)(2). This subsection of the statute makes it a crime to operate or control a motor vehicle "when, as determined by a chemical test taken within four hours after the alleged offense," a person's blood contains 0.08 percent or more alcohol (by weight) or a person's breath contains 0.08 grams or more aleohol per 210 liters.
The question is this; Does AS 28.35.030(a)(2) define the offense in terms of the test result-so that the State must prove only that the chemical test yielded a…
2Cases cited8 opinions
- State v. TischioSupreme Court of New Jersey · 1987
- State v. OliverSupreme Court of North Carolina · 1996
- Doyle v. StateCourt of Appeals of Alaska · 1981
- State v. MartinCourt of Appeals of Arizona · 1992
- Erickson v. Municipality of AnchorageCourt of Appeals of Alaska · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Valentine v. StateAlaska Supreme Court · 2009
- Bertilson v. StateCourt of Appeals of Alaska · 2003
- State v. MersmanCourt of Appeals of Oregon · 2007
- Valentine v. StateCourt of Appeals of Alaska · 2007
- Conrad v. StateCourt of Appeals of Alaska · 2002
12 more not listed; retrieve them via the Exa API.