(DOWNLOAD) "Dale M. Gundersen v. Municipality" by Supreme Court of Alaska # Book PDF Kindle ePub Free

August 02, 2021

eBook details

Title: Dale M. Gundersen v. Municipality
Author : Supreme Court of Alaska
Release Date : January 15, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

This case involves the scope of a persons due process right to challenge the result of a breath test that the police administer after the person is arrested for driving while intoxicated. We have held that in order to introduce the result of the police-administered breath test in evidence, due process requires that the state preserve a sample of the defendants breath for independent testing. The issue in this case is whether the state may satisfy a defendants due process rights without preserving his breath sample if it provides notice of his right to an independent test and offers assistance in obtaining one. The defendant, Dale M. Gundersen, claims that the results of his breath test should have been suppressed because the notice and offer of assistance he received was constitutionally deficient. The court of appeals disagreed and affirmed his conviction. We affirm.

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