Opinion
Court of Appeals No. A-12008 No. 6407
12-14-2016
DUANE E. LUKAWESKY, Appellant, v. STATE OF ALASKA, Appellee.
Appearances: Steven J. Priddle, Anchorage, for the Appellant. Craig C. Sparks, Assistant District Attorney, Kenai, and Craig W. Richards, Attorney General, Juneau, for the Appellee.
NOTICE Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. Trial Court No. 3KN-11-934 CR
MEMORANDUM OPINION
Appeal from the District Court, Third Judicial District, Kenai, Sharon A. S. Illsley, Judge. Appearances: Steven J. Priddle, Anchorage, for the Appellant. Craig C. Sparks, Assistant District Attorney, Kenai, and Craig W. Richards, Attorney General, Juneau, for the Appellee. Before: Mannheimer, Chief Judge, Allard, Judge, and Suddock, Superior Court Judge. Judge MANNHEIMER.
Sitting by assignment made pursuant to Article IV, Section 16 of the Alaska Constitution and Administrative Rule 24(d).
In June of 2008, road crews were working on the Sterling Highway east of Soldotna, and vehicles entering the highway from Panoramic Drive were required to stop until a pilot car could guide them through the construction zone. The flagger at the Panoramic Drive intersection stopped the car that Duane Lukawesky was driving, and she walked up to him to explain the reason for the delay.
The flagger spoke to Lukawesky for two or three minutes. During their conversation, Lukawesky noticeably slurred his words. The flagger then stepped away from Lukawesky's car and contacted her supervisor by radio to report that Lukawesky was possibly impaired.
The supervisor called 911 to report what the flagger had told her, and she also provided the 911 dispatcher with a description of Lukawesky's vehicle (including the license plate number).
Neither the flagger nor her supervisor attempted to detain Lukawesky, and he continued on his way after the pilot car arrived. But based on the 911 report, the police stopped Lukawesky a few minutes later. That traffic stop led to Lukawesky's arrest for driving under the influence, and he was convicted of this offense following a bench trial.
AS 28.35.030(a). --------
In this appeal, Lukawesky argues that the police lacked reasonable suspicion to conduct the traffic stop, and that all evidence arising from that traffic stop should have been suppressed.
We conclude that the information provided by the construction flagger and her supervisor was sufficient to establish reasonable suspicion for the traffic stop. See Effenbeck v. State, 700 P.2d 811, 812 (Alaska App. 1985), where this Court upheld a traffic stop based on analogous facts.
Accordingly, the judgement of the district court is AFFIRMED.