(DOWNLOAD) "Jean C. Erickson v. Municipality Anchorage" by Court Of Appeals Of Alaska ~ Book PDF Kindle ePub Free
eBook details
- Title: Jean C. Erickson v. Municipality Anchorage
- Author : Court Of Appeals Of Alaska
- Release Date : January 29, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Jean C. Erickson was convicted of driving while intoxicated. AMC 9.28.020. She appeals contending that the trial court erred (1) in admitting certain evidence; (2) in denying a motion for a judgment of acquittal; (3) in instructing the jury; and (4) in failing to sustain objections to the prosecutors arguments. All of these contentions rest on two propositions. Erickson first contends that a conviction for a violation of AMC 9.28.020 requires proof of the defendants blood-alcohol level at the time he drives a motor vehicle. Second, she claims that where the prosecutors case depends upon a blood-alcohol test administered to a defendant after he ceases driving, there must in addition be expert testimony providing a nexus between the results of the test and the drivers blood-alcohol level at the earlier time when he was driving. See, e.g., Page v. State, 657 P.2d 850 (Alaska App. 1983) (where an inference from one specific fact to another fact requires reliance on a proposition of generalized knowledge, which is not subject to judicial notice, the proposition must be proved by expert testimony). We affirm the decision of the district court.
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