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COLMAN v. SCHWENDIMAN

No. 18652.

680 P.2d 29 (1984)

William J. COLMAN, Plaintiff and Appellant, v. Fred C. SCHWENDIMAN, Chief, Driver License Services, Department of Public Safety for the State of Utah, Defendant and Respondent.

Supreme Court of Utah.

February 29, 1984.

Attorney(s) appearing for the Case

Sumner J. Hatch, Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, Atty. Gen., Bruce M. Hale, Mark K. Buchi, Asst. Attys. Gen., Salt Lake City, for defendant and respondent.

HALL, Chief Justice:

The Utah Department of Public Safety revoked plaintiff William Colman's driver's license because of his failure to submit to a breathalyzer test pursuant to Utah's implied consent statute, U.C.A., 1953, § 41-6-44.10. The district court upheld that decision; plaintiff appeals. We reverse.

Near midnight on May 29, 1981, plaintiff was stopped by the Highway Patrol because of his erratic driving behavior, including allowing his vehicle...

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