Municipality of Anchorage v. Flack

OPINION

SINGLETON, Judge..

Theodore W. Flack was arrested on January 21, 1984, for driving while intoxicated. He was transported to the Anchorage Police Department where an intoximeter test of his breath was taken. No breath sample was preserved because the perchlorate tubes used for that purpose were not available. Flack was not offered an independent blood test. Flack made a motion to suppress the results of the intoximeter test which was granted. The municipality petitions for review of that order. Our review of the record indicates that the trial judge may have misunderstood the…