Pledger v. Cox

OAKS, Justice:

The issue in this appeal is the nature and allocation of the burden of proof and burden of going forward with evidence in a district court’s “trial de novo” review of an administrative revocation of a driver’s license for refusal to submit to a blood test for alcohol content pursuant to the implied consent statute.

After giving appellant a field sobriety test, a Salt Lake City police officer investigating a traffic accident placed appellant under arrest for driving under the influence of alcohol. According to his testimony, the officer then requested appellant to take the…