McRae & DeLand v. Feltch

DURHAM, Justice:

This is an action by the appellants for declaratory relief with respect to the constitutionality of U.C.A., 1953, § 41-6-44 (Interim Supp.1982), 1 regarding driving under the influence of intoxicants (hereafter “DUI”). The trial court granted the respondent’s Motion to Dismiss. We affirm.

On April 7, 1982, the appellants filed a Verified Complaint for Declaratory Judgment. The appellants consist of twenty-five individuals who have DUI charges pending before the respondent Brent Feltch, a justice of the peace, and three lawyers who represent them. In their complaint, the…