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BECK v. COX

No. 15795.

597 P.2d 1335 (1979)

John A. BECK, Plaintiff and Appellant, v. Tony COX, Director, Driver License Division of the State of Utah, Defendant and Respondent.

Supreme Court of Utah.

June 29, 1979.

Attorney(s) appearing for the Case

Littlefield, Ritchey & Cook, David E. Littlefield, Salt Lake City, for plaintiff and appellant.

Robert B. Hansen, Atty. Gen., Bruce M. Hale, Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

STEWART, Justice:

Plaintiff appeals from an order of the district court revoking his driver's license pursuant to Utah's Implied Consent Statute, Section 41-6-44.10, U.C.A.1 Plaintiff raises the important issue under that statute of what conduct constitutes a "refusal" to take a blood test so as to warrant the revocation of the license of a person arrested for driving under the influence of alcohol or a drug.

The legislature has...

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