Marcia K. Denison v. Anchorage

Petitioner, Marcia Denison, was originally charged in district court with the offenses of driving while intoxicated and driving with a blood alcohol level of 0.10 percent or greater. The municipality subsequently dismissed the charge of driving while intoxicated. Before trial, Denison gave notice of her intent to offer as evidence a video-tape made by police as a routine matter following her arrest, as well as a number of witnesses to testify concerning her sobriety and the amount of alcohol she had consumed prior to her arrest. It is undisputed that this evidence was offered by Denison as circumstantial proof that her breathalyzer result, which had indicated a blood alcohol level of 0.13 percent, was incorrect.