Layton City v. Noon

OPINION

JACKSON, Judge:

A circuit court jury convicted defendant Billy E. Noon of driving while under the influence of alcohol (“DUI”), a violation of Layton Municipal Code § 41-6-44. The verdict was upheld on appeal to the Second District Court. Noon appeals to this Court, claiming that the police had no probable cause to arrest him for DUI and that he was denied effective assistance of counsel at trial. We affirm the conviction.

On the evening of November 30, 1985, Noon drove into a Circle K fast enough to catch the attention of the lone store clerk, Wilhelm. Wilhelm watched Noon park the car,…