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DECKER v. ROLFE

No. 20070210-CA.

180 P.3d 778 (2008)

2008 UT App 70

Gene DECKER, Plaintiff and Appellant, v. Nanette ROLFE, Defendant and Appellee.

Court of Appeals of Utah.

March 6, 2008.

Attorney(s) appearing for the Case

Jason A. Schatz, Salt Lake City, for Appellant.

Mark L. Shurtleff, atty. gen., and Nancy L. Kemp, asst. atty. gen., Salt Lake City, for Appellee.

Before GREENWOOD, P.J., BENCH and ORME, JJ.

OPINION

BENCH, Judge:

¶ 1 Appellant Gene Decker appeals the decision of the district court upholding the administrative suspension of his driver license for refusing to take a breath test. We conclude that the district court did not err by finding that Decker's decision to refuse the test was informed and voluntary because Decker understood the consequences of refusing the test. We therefore affirm.

BACKGROUND

¶ 2 On May 21, 2006...

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