Garcia v. Schwendiman

DURHAM, Justice:

After a trial de novo, the district court affirmed the defendant’s administrative revocation of plaintiff Garcia’s driving privileges. Plaintiff appeals from the district court decision and contends that there was insufficient evidence to support the district court’s finding that he was in “actual physical control of a motor vehicle” as contemplated by the Utah implied consent statute.

At 6:00 p. m. on November 1, 1980, Officer Gerald Ecker responded to a disturbance complaint at an apartment complex in Sunset, Utah. When he arrived at the complex, Officer Ecker was met by a…