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Ruth E. Helsten v. Fred C. Schwendiman

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eBook details

  • Title: Ruth E. Helsten v. Fred C. Schwendiman
  • Author : Supreme Court Of Utah
  • Release Date : January 06, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

STEWART, Justice: In these consolidated cases, appellants are drivers whose licenses were revoked by the Department of Public Safety pursuant to Utah's implied consent statute, U.C.A., 1953, § 41-6-44.10. A district court upheld the revocations. Appellants contend that the revocation procedure was invalid because the arresting police officer failed to submit a sworn report, as required by § 41-6-44.10(b). Section 41-6-44.10 authorizes the Department of Public Safety to revoke the license of a driver who refuses to submit to a chemical test for the purpose of determining whether that person was driving under the influence of alcohol or drugs. Section 41-6-44.10(b) is set forth in full text below. 1 In brief, that statute provides:


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