Legal Opinion

Greaves v. State

Utah Supreme Court

Decided November 22, 1974No. 13631PublishedCited by 84 opinions

1Opinion of the Court

CROCKETT, Justice:

Jerald W. Greaves brought this declaratory judgment action to have Section 41-6-44.2, U.C.A.1953, (Pocket Supp.) quoted below, which deals with driving or controlling a vehicle while intoxicated, and which, he had been charged with violating, declared unconstitutional.1

Plaintiff was arrested on August 1, 1973, by a Logan City police officer for driving while intoxicated. A test was taken of plaintiff’s blood shortly after his arrest, showing a blood-alcohol content of .12 per cent by weight. He was first charged with driving while under the influence of alcohol under a city…

2Cases cited10 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. HarrissSupreme Court of the United States · 1954
  3. Powell v. TexasSupreme Court of the United States · 1968
  4. State v. PackardUtah Supreme Court · 1952
  5. Newcomb v. Ogden City Public School Teachers' Retirement CommissionUtah Supreme Court · 1952

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3Cited by84 opinions

  1. State v. FrancoWashington Supreme Court · 1982
  2. Burg v. Municipal CourtCalifornia Supreme Court · 1983
  3. Commonwealth v. MikulanSupreme Court of Pennsylvania · 1983
  4. Fuenning v. SUPER. CT. IN AND FOR CTY. OF MARICOPAArizona Supreme Court · 1983
  5. State v. TannerOhio Supreme Court · 1984

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