Salt Lake City v. Perkins
Cases that cite this one
12 later published cases cite this decision.
- State v. Taylor (Utah 1983)
- State v. Sheldon (Utah 1976)
- Scott v. Ryan (Utah 1976)
- State Board of Education v. State Board of Higher Education (Utah 1973)
- State v. Tritt (Utah 1970)
- Mental Condition of Bedford v. Salt Lake County (Utah 1968)
- Zamora v. Draper (Utah 1981)
- State v. Mullins (Utah 1976)
- Clinton City v. Patterson (Utah 1967)
- Bowman v. Salt Lake City Corp. (Utah 1966)
- Heathman v. Giles (Utah 1962)
- Bean v. State, Department of Public Safety, Drivers' License Division (Utah 1961)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant pleaded guilty in the Salt Lake City court to a charge of operating a motor vehicle while under the influence of intoxicating liquor, contrary to the Salt Lake *318 City ordinance. He subsequently appealed to the Third Judicial District Court, was given a trial de novo, and convicted.
The appellant appeals and, in order to confer this court with jurisdiction, 1 makes the claim that Sec. 41-6-44.10, U.C.A.1953 is unconstitutional. This statute provides for submission of persons arrested for drunken driving to certain chemical tests and if a person refuses to so submit to one of the tests, the state may revoke his license. In the instant case, the appellant submitted to a blood test and the results were introduced into evidence.
The appellant was not convicted under or by reason of the statute. We will not consider the validity or unconstitutionality of a statute unless it is necessary to the determination of the case. 2
Furthermore, it is essential to the jurisdiction of this court over judgments of the district courts, in cases which originate in and are appealed from justices of the peace, that it shall appear that a question of the validity or constitutionality of a statute was presented to the district court. 3 No such question was thus presented.
Appeal dismissed. Costs to the respondent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.