State v. Waicelunas

OPINION

GRANT, Judge.

In this appeal the state raises the question of whether the trial court properly suppressed a blood alcohol test. On January 12, 1982, defendant Brad Waicelunas, was involved in a two-vehicle collision which was fatal to the other driver. Waicelunas was indicted on a charge of manslaughter, a class 3 dangerous felony. Phoenix Police Officers Paul Kent and Donald Dierks investigated the accident.

Officer Dierks, intending to administer a breathalyzer test, went to the hospital where the defendant was being treated. While setting up the test machinery, defendant indicated to…