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MOORE v. SCHWENDIMAN

No. 870248-CA.

750 P.2d 204 (1988)

Virgil MOORE, Plaintiff and Appellant, v. Fred C. SCHWENDIMAN, Chief, Drivers' License Services, Department of Public Safety, State of Utah, Defendant and Respondent.

Court of Appeals of Utah.

February 17, 1988.

Attorney(s) appearing for the Case

Randall Gaither (argued), Salt Lake City, for plaintiff and appellant.

Bruce M. Hale (argued), Asst. Atty. Gen., Salt Lake City, for defendant and respondent.

Before BILLINGS, ORME and JACKSON, JJ.

OPINION

BILLINGS, Judge:

This is an appeal from a district court judgment affirming an order of the Department of Public Safety (the Department) revoking appellant's driver's license for his refusal to take an intoxilyzer test in violation of Utah's implied consent statute. Utah Code Ann. § 41-6-44.10 (1984). We reverse.

On August 5, 1984, appellant was arrested for driving under the influence of alcohol in violation of Utah Code Ann. §...

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