Municipality of Anchorage v. Marrs

OPINION

Before BRYNER, C.J., and COATS and SINGLETON, JJ. SINGLETON, Judge.

Patrick M. Marrs was charged with driving while intoxicated. AMC 09.28.020(A). The trial court suppressed the evidence of the results of his breathalyzer test on the assumption that the police had denied Marrs’ rights guaranteed him by AS 12.25.-150(b) and Criminal Rule 5(b). See, e.g., Copelin v. State, 659 P.2d 1206 (Alaska 1983) (holding that the statute and the rule give a person suspected of drunk driving a right to contact his attorney prior to deciding whether or not to take a breathalyzer examination). The…