Legal Opinion
State, Department of Public Safety, Division of Motor Vehicles v. Conley
Alaska Supreme Court
Decided April 15, 1988No. S-1791PublishedCited by 22 opinions
1Opinion of the Court
OPINION
COMPTON, Justice.
The state appeals from a superior court decision reversing revocation of a driver’s license. The primary issue is whether, in order to find that a driver was in “actual physical control of a vehicle” while intoxicated, the hearing officer must find that the engine of the car was running.
I. FACTUAL AND PROCEDURAL BACKGROUND
On the evening of July 3,1985, Lt. Kevin O’Leary of the Anchorage Police Department, while on foot patrol, entered a tavern named Darwin’s Theory. There he encountered Michele Conley, who had been involved in a disturbance and had been asked to leave.…
2Cases cited20 opinions
- Commonwealth v. KlochSuperior Court of Pennsylvania · 1974
- Jager v. StateAlaska Supreme Court · 1975
- Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1975
- Earth Resources Co. of Alaska v. State, Department of RevenueAlaska Supreme Court · 1983
- State v. WebbArizona Supreme Court · 1954
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ardinger v. HummellAlaska Supreme Court · 1999
- Comeau v. StateCourt of Appeals of Alaska · 1988
- Fieselman v. StateDistrict Court of Appeal of Florida · 1988
- In re J.A.Alaska Supreme Court · 1998
- Williams v. StateCourt of Appeals of Alaska · 1994
17 more not listed; retrieve them via the Exa API.