SMITH v. COX

No. 16510.

609 P.2d 1332 (1980)

Joseph Robert SMITH, Plaintiff and Respondent, v. S. Tony COX, Director, Drivers License Division, Utah Department of Public Safety, Defendant and Appellant.

Supreme Court of Utah.

March 26, 1980.


Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Bruce M. Hale, Mark K. Buchi, Asst. Attys. Gen., Salt Lake City, for defendant and appellant.

Robert J. Haws and Sumner J. Hatch, Salt Lake City, for plaintiff and respondent.


CROCKETT, Chief Justice:

Defendant Drivers License Division of the Department of Public Safety appeals from the district court's granting of a motion to dismiss the proceeding against Joseph R. Smith which had resulted in revocation of his driver's license. The ruling was on the ground that the defendant Division had failed to prove that the plaintiff had refused to take the test required by statute to determine whether...

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