Legal Opinion

Barcott v. State, Department of Public Safety

Alaska Supreme Court

Decided September 11, 1987No. S-1692PublishedCited by 28 opinions

1Opinion of the Court

OPINION

COMPTON, Justice.

Barcott appeals from a Department of Public Safety (“department”) decision to suspend his driver’s license. The department’s decision was based on an Intoxime-ter 3000 breath test administered to Bar-cott shortly after his arrest for driving while intoxicated. The test indicated a .10 alcohol level. Barcott asserts that the administrative hearing officer denied him due process of law by refusing to consider evidence of the intoximeter’s margin of error. We agree.

I. FACTUAL AND PROCEDURAL BACKGROUND

Anchorage Police Officer Whitener stopped Barcott for speeding at 1:50…

2Cases cited15 opinions

  1. Guin v. HaAlaska Supreme Court · 1979
  2. Jager v. StateAlaska Supreme Court · 1975
  3. State v. Marathon Oil CompanyAlaska Supreme Court · 1974
  4. State v. RuckerSuperior Court of Delaware · 1972
  5. Champion v. Department of Public SafetyAlaska Supreme Court · 1986

10 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Thorne v. Department of Public SafetyAlaska Supreme Court · 1989
  2. Whitesides v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 2001
  3. Stepanov v. Homer Elec. Ass'n, Inc.Alaska Supreme Court · 1991
  4. Whisenhunt v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 1987
  5. Richard B. v. State, Department of Health & Social Services, Division of Family & Youth ServicesAlaska Supreme Court · 2003

23 more not listed; retrieve them via the Exa API.

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