WOYTKO v. BROWNING

No. 17979.

659 P.2d 1058 (1983)

Ricky L. WOYTKO, Plaintiff and Appellant, v. Phillip H. BROWNING, Circuit Court, State of Utah, Roy Department, Defendant and Respondent.

Supreme Court of Utah.

February 24, 1983.


Attorney(s) appearing for the Case

Allen Sims, Salt Lake City, for plaintiff and appellant.

Roger Dutson, Roy, David L. Wilkinson, Bruce M. Hale, Salt Lake City, for defendant and respondent.


HALL, Chief Justice:

Appellant Ricky L. Woytko was arrested in the city of Roy, Weber County, and charged in the Roy Circuit Court with the offense of driving under the influence, in violation of U.C.A., 1953, § 41-6-44. He moved to dismiss on jurisdictional grounds, contending that he was not taken before the nearest, most accessible magistrate for the purpose of setting bail in accordance with the provisions of U.C.A., 1953, § 41-6-166. The motion was...

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