Legal Opinion · Concurrence

Haywood v. State

Court of Appeals of Alaska

Decided October 16, 2008No. A-10026Published

1ConcurrenceMannheimer, Judge

I write separately to clarify our analysis of the statute at issue in this case, the pre-2007 version of AS 28.33.140.

Under subsection (a) of that statute, if the holder of a commercial driver's license was convicted of one of eight types of traffic offenses, the sentencing court was obliged to impose an "immediate disqualification from driving a commercial motor vehicle".

Of the eight types of traffic offenses listed in subsection (a), the first, fifth, seventh, and eighth types-i.e., those listed in subsections (a2)(1), (a)(5), (a)(7), and (a)(8) of statute-expressly referred to offenses…

2Cases cited10 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Baker v. City of FairbanksAlaska Supreme Court · 1970
  3. Alexander v. City of AnchorageAlaska Supreme Court · 1971
  4. Brookins v. StateAlaska Supreme Court · 1979
  5. State v. ABC TOWINGCourt of Appeals of Alaska · 1998

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