Legal Opinion
Provo City v. Werner
Court of Appeals of Utah
Decided April 11, 1991No. 900161-CAPublishedCited by 14 opinions
1Opinion of the Court
OPINION
BENCH, Judge:
Provo City brings this interlocutory appeal challenging the trial court’s suppression of the results of a breath test administered by the police to defendant, Mary C. Werner. We reverse the order and remand the case.
Defendant was arrested for driving under the influence. When requested by the police to submit to a breath test, she refused, requesting a urine sample instead because she did not believe breath tests to be trustworthy. She was then informed that under Utah’s Implied Consent Law, Utah Code Ann. § 41-6-44.10 (1988), she might lose her license if she did not…
2Cases cited26 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- State v. ClarkMontana Supreme Court · 1988
- Smith v. CadaCourt of Appeals of Arizona · 1977
- Commonwealth v. AlanoMassachusetts Supreme Judicial Court · 1983
- Winston v. CommonwealthSupreme Court of Virginia · 1948
21 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Unruh v. StateSupreme Court of Florida · 1996
- Hare v. Motor Vehicle AdministrationCourt of Appeals of Maryland · 1992
- State v. DakeNebraska Supreme Court · 1995
- State v. MessnerNorth Dakota Supreme Court · 1992
- State v. MaestasCourt of Appeals of Utah · 1991
9 more not listed; retrieve them via the Exa API.