PLEDGER v. COX

No. 16987.

626 P.2d 415 (1981)

Ray PLEDGER, Plaintiff and Appellant, v. S. Tony COX, Director, Drivers License Division, Defendant and Respondent.

Supreme Court of Utah.

February 4, 1981.


Attorney(s) appearing for the Case

Jo Carol Nesset-Sale, of Salt Lake Legal Defenders Association, 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.


OAKS, Justice:

The issue in this appeal is the nature and allocation of the burden of proof and burden of going forward with evidence in a district court's "trial de novo" review of an administrative revocation of a driver's license for refusal to submit to a blood test for alcohol content pursuant to the implied consent statute.

After giving appellant a field sobriety test, a Salt Lake City police officer investigating...

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