State v. Robinson

I dissent from the dismissal of the appeal. I believe that the appellant has, as his counsel contends, and as the Attorney General apparently assumed, raised the issue as to the constitutionality of Sec. 41-6-44.10(a), U.C.A.1953 (Supp.1967), quoted below as it applies to him; and thus necessarily as it applies to anyone under similar circumstances. I therefore believe that it is properly incumbent upon us to meet that issue, and for my part, desire to do so.

The appellant was arrested for drunk driving (Sec. 41-6-44, U.C.A.1953) following an automobile collision in which he was involved at…