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SANDY CITY v. LARSON

No. 19754.

733 P.2d 137 (1987)

SANDY CITY, Plaintiff and Respondent, v. Lloyd E. LARSON, Defendant and Appellant.

Supreme Court of Utah.

February 4, 1987.

Attorney(s) appearing for the Case

Phil L. Hansen, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Bruce M. Hale, Asst. Atty. Gen., Salt Lake City, B. Kent Morgan, Sandy City Atty., Sandy, for plaintiff and respondent.

HALL, Chief Justice:

The dispositive issue presented by this appeal is whether the admission into evidence of defendant's refusal to submit to a breathalyzer test offends the right against self-incrimination guaranteed by article I, section 12 of the Utah Constitution. We conclude that it does not.

At approximately 12:15 a.m. on November 13, 1982, Officer Hal Cutler, a Sandy City police officer, responded to an anonymous tip concerning a suspected drunk driver...

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