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PROVO CITY v. WERNER

No. 900161-CA.

810 P.2d 469 (1991)

PROVO CITY, Plaintiff and Appellant, v. Mary C. WERNER, Defendant and Appellee.

Court of Appeals of Utah.

April 11, 1991.

Attorney(s) appearing for the Case

Vernon F. (Rick) Romney (argued), Provo, for plaintiff and appellant.

Michael J. Petro and Randy S. Kester (argued), Springville, for defendant and appellee.

Before BENCH, JACKSON and RUSSON, JJ.

OPINION

BENCH, Judge:

Provo City brings this interlocutory appeal challenging the trial court's suppression of the results of a breath test administered by the police to defendant, Mary C. Werner. We reverse the order and remand the case.

Defendant was arrested for driving under the influence. When requested by the police to submit to a breath test, she refused, requesting a urine sample instead because she did not believe breath tests to be trustworthy...

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