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WILLIAMS v. SCHWENDIMAN

No. 860053-CA.

740 P.2d 1354 (1987)

Greg L. WILLIAMS, Plaintiff and Appellant, v. Fred C. SCHWENDIMAN, and the, Office of Driver License Services, Defendants and Respondents.

Court of Appeals of Utah.

August 11, 1987.

Attorney(s) appearing for the Case

J. Franklin Allred, P.C., Salt Lake City, for plaintiff and appellant.

David L. Wilkinson, Atty. Gen., Bruce M. Hale, Asst. Atty. Gen., for defendants and respondents.

Before GREENWOOD, GARFF and BENCH, JJ.

OPINION

GREENWOOD, Judge:

Greg L. Williams appeals a district court order affirming the suspension of his license. We reverse and remand.

At 3:25 a.m. on March 10, 1984, Mr. Williams was arrested for driving under the influence of alcohol in violation of Utah Code Ann. § 41-6-44 (1983). The arresting officer's DUI Report stated that he found appellant sleeping behind the steering wheel of his car with the engine running. The report also stated...

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