State v. Blank

I disagree with one aspect of today’s opinion. Instead of remanding so that the superior court may decide in the first instance whether exigent circumstances are inherently present where there is a breathalyzer test under AS 28.35.031(g) based on probable cause that the person tested has committed a crime and that the test will produce relevant evidence (and if not whether exigent circumstances existed under the particular facts of this case), I think this court should decide the question now. The homicide in this ease occurred more than nine years ago, and further delay should be avoided, if…