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KUCHCINSKI v. BOX ELDER COUNTY

No. 20160674.

450 P.3d 1056 (2019)

2019 UT 21

Robert KUCHCINSKI, Appellant, v. BOX ELDER COUNTY, and The Office of the Box Elder County Sheriff, Appellees.

Supreme Court of Utah.

Rehearing Denied August 27, 2019.

Attorney(s) appearing for the Case

Phillip W. Dyer , Benjamin R. Dyer , Salt Lake City James E. Harward , W. Earl Webster , Amy L. Williamson , Cottonwood Heights, for appellant

Frank D. Mylar , Andrew R. Hopkins , Salt Lake City, for appellees

Justice Petersen became a member of the Court on November 17, 2017, after oral argument in this matter, and accordingly did not participate.

On Direct Appeal

Introduction

¶1 Robert Kuchcinski was held in the Box Elder County Jail for seventeen days on a justice court's probable cause determination that he was driving under the influence. Neither a breathalyzer test nor a blood test showed that he was actually driving...

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