HYDE v. DORIUS

No. 14064.

549 P.2d 451 (1976)

Aleen R. HYDE, Plaintiff and Appellant, v. Earl N. DORIUS, Director, Drivers License Division, Department of Public Safety, State of Utah, Defendant and Respondent.

Supreme Court of Utah.

April 23, 1976.


Attorney(s) appearing for the Case

William D. Marsh, of Marsh & Marsh, Ogden, for plaintiff and appellant.

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


MAUGHAN, Justice:

On appeal is a judgment of the trial court sustaining a trial examiner's revocation of plaintiff's driver's license. We reverse, for the reason plaintiff's license is not subject to revocation.

In this matter, the affidavit of the officer states that plaintiff was arrested at 9:45 a.m. and the time of her refusal was 9:50 a.m. According to the arresting officer, Nichols, he and a fellow officer removed plaintiff from her vehicle, placed her...

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