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GREAVES v. STATE

No. 13631.

528 P.2d 805 (1974)

Jerald W. GREAVES, Plaintiff and Respondent, v. STATE of Utah, Defendant and Appellant.

Supreme Court of Utah.

November 22, 1974.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Bernard M. Tanner, Earl F. Dorius, Asst. Attys. Gen., Salt Lake City, for defendant-appellant.

Lyle W. Hillyard and Gordon J. Low, Logan, of Hillyard & Gunnell, Logan, for plaintiff-respondent.

CROCKETT, Justice:

Jerald W. Greaves brought this declaratory judgment action to have Section 41-6-44.2, U.C.A. 1953, (Pocket Supp.) quoted below, which deals with driving or controlling a vehicle while intoxicated, and which he had been charged with violating, declared unconstitutional.1

Plaintiff was arrested on August 1, 1973, by a Logan City police officer for driving while intoxicated. A test was taken of plaintiff's blood...

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