Mathie v. Schwendiman

Plaintiff appeals from a judgment denying his petition to overturn the decision of the Utah Driver’s License Division revoking his driver’s license pursuant to U.C.A., 1953, § 41-6-44.10. The district court found that plaintiff refused to submit to a chemical test, as required by that section.

On November 5,1980, a Salt Lake County Deputy Sheriff stopped plaintiff, who was speeding and operating his vehicle in an erratic manner. The deputy testified that he smelled alcohol on plaintiff and that plaintiff appeared unsteady and was argumentative. Plaintiff refused to take any field sobriety…