Roosevelt City v. Nebeker

OPINION

BENCH, Presiding Judge:

Defendant Ronald J. Nebeker appeals his conviction for violation of Utah Code Ann. § 41-6-44 (1988), Driving Under the Influence of Alcohol. We affirm.

At a bench trial, defendant objected to the admission into evidence of the City’s intoxilyzer affidavit and custodian certificate prepared by the Utah Department of Public Safety. This evidence attested to the accuracy of the intoxilyzer machine used to test defendant’s blood-alcohol content. Defendant objected on the ground that Utah Code Ann. § 41-6-44.3(3) 1 is in valid because it creates an unconstitutional…