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WHITEHOUSE v. SCHWENDIMAN

No. 20669.

723 P.2d 1084 (1986)

Glen H. WHITEHOUSE, Petitioner and Appellant, v. Fred C. SCHWENDIMAN, Chief, Drivers License Services, Department of Public Safety, State of Utah, Defendant and Respondent.

Supreme Court of Utah.

July 30, 1986.

Attorney(s) appearing for the Case

Robert M. McRae, Vernal, for petitioner and appellant.

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

PER CURIAM:

Petitioner Whitehouse appeals the revocation order of the district court terminating his driving privileges for refusing to submit to an alcohol breath test. U.C.A., 1953, § 41-6-44.10, as amended (Supp. 1986). He claims that because he requested to take the test several minutes after his refusal, the court abused its discretion in ordering his license revoked.

Arrested on August 22, 1985, for drunk driving, petitioner was requested to take...

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