Legal Opinion
State v. Garcia
Court of Appeals of Utah
Decided July 16, 1998No. 970443-CAPublishedCited by 7 opinions
1Opinion of the Court
OPINION
GREENWOOD, Judge:
Jose A. Fidel Garcia appeals the trial court’s ruling allowing the State to invoke a statutory presumption that Garcia’s breath alcohol test results were valid. Garcia argues his test results were inadmissible because the State failed to meet the standards established by the Department of Public Safety for administration of breath alcohol tests. We reverse, concluding the statutory presumption was not available to the State in this case.
BACKGROUND
On April 6, 1996, Garcia was cited for speeding and driving under the influence. Garcia was then subjected to a breath…
2Cases cited24 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
- Medina v. CaliforniaSupreme Court of the United States · 1992
- United States v. CaceresSupreme Court of the United States · 1979
- State v. SeryCourt of Appeals of Utah · 1988
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3Cited by7 opinions
- State v. Cruz-MezaUtah Supreme Court · 2003
- Brixen & Christopher Architects, P.C. v. StateCourt of Appeals of Utah · 2001
- Salt Lake City v. GeorgeCourt of Appeals of Utah · 2008
- Stewart v. BovaCourt of Appeals of Utah · 2011
- Anabasis, Inc. v. Labor CommissionCourt of Appeals of Utah · 2001
2 more not listed; retrieve them via the Exa API.