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BECKER v. SUNSET CITY

No. 20100725-CA.

276 P.3d 1148 (2012)

2012 UT App 99

Stewart BECKER, Petitioner, v. SUNSET CITY, Respondent.

Court of Appeals of Utah.

April 5, 2012.

Attorney(s) appearing for the Case

Jerrald D. Conder , Salt Lake City, for Petitioner.

Gary L. Johnson and Kallie A. Smith , Salt Lake City; and Felshaw King , Kaysville, for Respondent.

Before Judges VOROS, THORNE, and ROTH.

MEMORANDUM DECISION

ROTH, Judge:

¶ 1 Stewart Becker seeks judicial review of the decision by the Sunset City Appeal Board (the Board) to uphold his termination from the Sunset City Police Department. First, he asserts that the Board based its conclusion that he reported to work while under the influence of alcohol on an unreliable and inadmissible Portable Breath Test (the PBT). He also contends that, in the absence of the PBT, there is not substantial...

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