Legal Opinion
Kehl v. Schwendiman
Court of Appeals of Utah
Decided April 16, 1987No. 860010-CAPublishedCited by 23 opinions
1Opinion of the Court
OPINION
BILLINGS, Judge:
The Department of Public Safety (“the Department”) appeals the district court’s order reversing an administrative suspension of Jack R. Kehl’s (“Kehl’s”) driver’s license. We hold the “residuum rule” applies to per se license suspension hearings and the administrative order to suspend Kehl’s license was not supported by a residuum of competent legal evidence. We therefore affirm the district court’s order reinstating Kehl’s license.
On August 12, 1983, Kehl was arrested for driving under the influence of alcohol. Utah Code Ann. § 41-6-44 (1983). Pursuant to Utah Code…
2Cases cited13 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Bell v. BursonSupreme Court of the United States · 1971
- Moore v. OgilvieSupreme Court of the United States · 1969
- Wickham v. FisherUtah Supreme Court · 1981
- Alston v. ForsytheCourt of Appeals of Maryland · 1961
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Utah Transit Authority v. Local 382 of the Amalgamated Transit UnionUtah Supreme Court · 2012
- Davenport v. Department of Motor VehiclesCalifornia Court of Appeal · 1992
- Burkett v. SchwendimanUtah Supreme Court · 1989
- State in Interest of NRCourt of Appeals of Utah · 1998
- State v. RamirezCourt of Appeals of Utah · 1996
18 more not listed; retrieve them via the Exa API.