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COWAN v. SCHWENDIMAN

No. 880641-CA.

769 P.2d 280 (1989)

Ronald K. COWAN, Plaintiff and Appellant, v. Fred C. SCHWENDIMAN, Chief, Driver License Services, Department of Public Safety, State of Utah, Defendant and Respondent.

Court of Appeals of Utah.

February 23, 1989.

Attorney(s) appearing for the Case

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

R. Paul Van Dam, and State Atty. Gen., Bruce M. Hale, Salt Lake City, for defendant and respondent.

Before BENCH, DAVIDSON and JACKSON, JJ. (On Law and Motion).

MEMORANDUM DECISION

PER CURIAM:

Appellant Ronald K. Cowan appeals the judgment of the district court which upheld revocation of his driver's license under Utah Code Ann. § 41-6-44.10 (1988) for refusal to take a blood-alcohol test. On appeal, appellant argues that because he allegedly "cooperated" in at least three breath test attempts, he substantially complied with the requirement by giving a sufficient breath sample for testing before refusing on...

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