Legal Opinion

Powell v. Cox

Utah Supreme Court

Decided March 3, 1980No. 16660PublishedCited by 5 opinions

1Opinion of the Court

HALL, Justice:

Defendant appeals the revocation of his driving privilege for refusing to submit to a chemical test.

Defendant was arrested by a Vernal City police officer on March 13, 1979, for the offense of driving under the influence of alcohol. Subsequently, he was taken to the Uintah County jail and instructed that he must take a breathalyzer test or lose his driver’s license for one year. 1 Defendant initially refused outright to take the test, but after conversing by telephone with his attorney, defendant agreed to submit to the testing procedure. However, he refused to follow precisely…

2Cases cited3 opinions

  1. Beck v. CoxUtah Supreme Court · 1979
  2. Gassman v. DoriusUtah Supreme Court · 1975
  3. Moran v. ShawUtah Supreme Court · 1978

3Cited by5 opinions

  1. Village of Elkhart Lake v. BorzyskowskiCourt of Appeals of Wisconsin · 1985
  2. Ludtke v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 2002
  3. Ontiveros v. Arizona Department of TransportationCourt of Appeals of Arizona · 1986
  4. Mathie v. SchwendimanUtah Supreme Court · 1982
  5. Cowan v. SchwendimanCourt of Appeals of Utah · 1989

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