Lopez v. Schwendiman

The Utah State Driver License Division revoked the driving privileges of petitioner Lopez for a period of one year pursuant to U.C.A., 1953, § 41-6-44.10 (1981 ed.). After a trial de novo, the trial court affirmed the administrative decision. Lopez appeals and contends: (1) it was error to find that Lopez was in actual physical control of his vehicle when he was asleep at the wheel and the vehicle was inoperable; (2) his refusal to take a breath test was reasonable; and (3) it was error to allow testimony on Lopez’s breath test refusal when Lopez did not know that he was under arrest. We…