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MABUS v. BLACKSTOCK

No. 981668-CA.

994 P.2d 1272 (1999)

1999 Utah Ct. App. 389

Reml A. MABUS, Petitioner and Appellee, v. G. Barton BLACKSTOCK, Bureau Chief, Drivers' License Division, Department of Public Safety, State of Utah, Respondent and Appellant.

Court of Appeals of Utah.

December 30, 1999.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., and James H. Beadles, Asst. Atty. Gen., Salt Lake City, for Appellant.

D. Scott Little, Sandy, for Appellee.

Before BENCH, JACKSON and ORME, JJ.

OPINION

JACKSON, Judge:

¶ 1 The Driver License Division (the Division) appeals from the trial court's order reinstating Reml A. Mabus's driver's license. We affirm.

BACKGROUND

¶ 2 On January 18, 1998, Mabus was arrested for drunk driving. He refused the police officer's request that he take an intoxilyzer test, even after being orally warned that his driver's license could be revoked for his refusal.

¶ 3 On February...

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