Gassman v. Dorius

HENRIOD, Chief Justice:

Appeal from a judgment in favor of Respondent declaring that under the facts adduced, Gassman had not violated the provisions of Title 41-6-44.10 (a) of the Motor Vehicle Act, Utah Code Annotated 1953. Affirmed.

Believable admissible evidence favorable to the decision, which the lower court appears to have indulged, briefly may be stated as follows:

Respondent was stopped by a peace officer about 12:45 a. m. after the former had made an unlawful right turn onto a highway that at the. time carried very little traffic. The officer detected an odor of alcohol and gave…