Legal Opinion

Decker v. Rolfe

Court of Appeals of Utah

Decided March 6, 2008No. Case No. 20070210-CAPublishedCited by 8 opinions

1Opinion of the Court

OPINION

BENCH, Judge:

{1 Appellant Gene Decker appeals the decision of the district court upholding the administrative suspension of his driver license for refusing to take a breath test. We conclude that the district court did not err by finding that Decker's decision to refuse the test was informed and voluntary because Decker understood the consequences of refusing the test. We therefore affirm.

BACKGROUND

[2 On May 21, 2006, Decker was the driver in a single-car automobile accident in But-terfield Canyon. Salt Lake County Deputy Sheriff Steve Marshall (the Deputy) responded to the seene. Upon…

2Cases cited7 opinions

  1. Beaver v. Qwest, Inc.Utah Supreme Court · 2001
  2. Holman v. CoxUtah Supreme Court · 1979
  3. Garcia v. SchwendimanUtah Supreme Court · 1982
  4. State v. Sun Surety Insurance Co.Utah Supreme Court · 2004
  5. Lopez v. SchwendimanUtah Supreme Court · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Berrett v. Albertsons Inc.Court of Appeals of Utah · 2012
  2. Republic Outdoor Advertising v. Utah Department of Transportation, Division IICourt of Appeals of Utah · 2011
  3. State v. McFarlandCourt of Appeals of Oregon · 2008
  4. Laker v. CarasCourt of Appeals of Utah · 2023
  5. Assmann v. State, Department of Public SafetyCourt of Appeals of Utah · 2013

3 more not listed; retrieve them via the Exa API.

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