Murray City v. Hall

DURHAM, Justice:

The appellant Dan F. Hall appeals his conviction under Murray City Code § 18-115.1, which provides that it is unlawful for any person with a blood alcohol content of .10 percent or greater to drive or be in actual physical control of any vehicle. This Court has jurisdiction pursuant to U.C.A., 1953, § 78-3-5 (Supp.1981). We reverse the conviction and remand the case for a new trial.

This appeal is before this Court on an agreed statement of the facts which is as follows:

Officer Huggard, Murray City Police Department, was the prosecution’s sole witness. He testified that he…