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SALT LAKE CITY v. EMERSON

No. 920744-CA.

861 P.2d 443 (1993)

SALT LAKE CITY, Plaintiff and Appellee, v. Tony EMERSON, Defendant and Appellant.

Court of Appeals of Utah.

October 8, 1993.

Attorney(s) appearing for the Case

J. Franklin Allred, Salt Lake City, for defendant and appellant.

Todd J. Godfrey, Salt Lake City, for plaintiff and appellee.

Before BENCH, BILLINGS and ORME, JJ.

OPINION

ORME, Judge:

Defendant Tony Emerson, with our prior leave, appeals the interlocutory order denying his motion to suppress evidence of a breathalyzer test sought to be used in his prosecution for driving under the influence of alcohol, a Class B Misdemeanor, in violation of Salt Lake City Code § 12-24-100 (1987). We affirm the trial court's decision on the narrow question of admissibility of the evidence at defendant's pending trial.

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