Vernal City v. Critton

Defendant appeals a District Court trial de novo conviction of driving under the influence, having been previously convicted of the offense in Justice Court. He asserts Section 41-6-44.2, U.C.Á.1953, 1 was unconstitutionally applied and that the admission in evidence of the result of a breathalyzer test without sufficient foundation was a denial of due process.

The Utah Constitution and case law are dispositive of this appeal. The pertinent constitutional provision is Article VIII, Section 9, which reads as follows:

Appeals shall also lie from the final judgment of justices of the peace in…