Fee v. State

OPINION

COATS, Judge.

Ted Pee was convicted upon his plea of no contest of the charge of refusing to submit to a chemical test of his breath. AS 28.35.032(f). He reserved his right to appeal the district court’s denial of his motion to suppress the evidence of his alleged refusal to take the Intoximeter test. See Oveson v. Anchorage, 574 P.2d 801, 803 n. 4 (Alaska 1978); Cooksey v. State, 524 P.2d 1251 (Alaska 1974).

Fee was arrested for driving while intoxicated (DWI), AS 28.35.030, by Alaska State Trooper William McKillop. McKillop took Fee to the Palmer trooper station, where he asked Fee to…