GASSMAN v. DORIUS

No. 13849.

543 P.2d 197 (1975)

John Rolfe GASSMAN, Plaintiff and Respondent, v. Earl N. DORIUS, Director, Driver License Division, Department of Public Safety, Defendant and Appellant.

Supreme Court of Utah.

November 25, 1975.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Bernard M. Tanner, Asst. Atty. Gen., Salt Lake City, for defendant and appellant.

Don Blackham and Mikel M. Boley, Granger, for plaintiff and respondent.


HENRIOD, Chief Justice:

Appeal from a judgment in favor of Respondent declaring that under the facts adduced, Gassman had not violated the provisions of Title 41-6-44.10(a) of the Motor Vehicle Act, Utah Code Annotated 1953. Affirmed.

Believable admissible evidence favorable to the decision, which the lower court appears to have indulged, briefly may be stated as follows:

Respondent was stopped by a peace officer about 12:45 a.m. after the former had...

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