Legal Opinion

McDonald v. Shaw

Utah Supreme Court

Decided July 12, 1978No. 15299PublishedCited by 1 opinion

1Opinion of the Court

ELLETT, Chief Justice:

Mr. McDonald appeals from a judgment of the trial court holding that he had unreasonably refused to submit to a chemical test for sobriety and suspending his license to drive a car for a period of one year.

There is no transcript of the proceedings brought before us and so we must hold that the findings of the trial court are supported by the evidence.1 The findings of fact are unassailable where there is no transcript for us to consider.

The findings of the trial court were:

That the arresting officer had reasonable grounds to believe the plaintiff was driving under the…

2Cases cited3 opinions

  1. Dahlberg v. DahlbergUtah Supreme Court · 1930
  2. Elliott v. DoriusUtah Supreme Court · 1976
  3. Moran v. ShawUtah Supreme Court · 1978

3Cited by1 opinion

  1. In re BallCourt of Appeals of Kansas · 1986

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