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VERNAL CITY v. CRITTON

No. 14683.

565 P.2d 408 (1977)

VERNAL CITY, Plaintiff and Respondent, v. Jerry Dean CRITTON, Defendant and Appellant.

Supreme Court of Utah.

May 25, 1977.

Attorney(s) appearing for the Case

Robert M. McRae, Salt Lake City, for defendant-appellant.

Ken Anderton, Vernal City Atty., Vernal, for plaintiff-respondent.

PER CURIAM:

Defendant appeals a District Court trial de novo conviction of driving under the influence, having been previously convicted of the offense in Justice Court. He asserts Section 41-6-44.2, U.C.A. 1953,1 was unconstitutionally applied and that the admission in evidence of the result of a breathalyzer test without sufficient foundation was a denial of due process.

The Utah Constitution and case law are dispositive...

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