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Rosengreen v. State6/5/2003
and between the field sobriety tests. We conclude there is sufficient, reliable evidence to support the trial court's determination that the arresting officer had reasonable grounds to believe that Rosengreen drove under the influence to the degree that he was incapable of safely operating a vehicle and that revocation of his license for refusing to submit to a breathalyzer test was proper.
Rosengreen next argues that the trial court erred in ruling that the arresting officer properly served him with "immediate notice of the Driver License Division's intention to revoke" his driver license. Utah Code Ann. § 41-6-44.10(2)(b). We agree with Rosengreen that the trial court erred by ruling that the service of the initial citation was sufficient where that citation was incorrect and the arresting officer issued a second citation and destroyed the initial citation, albeit at Rosengreen's request. However, the arresting officer's testimony shows that service of the second citation was sufficient. See Mabus v. Blackstock, 1999 UT App 389, , 994 P.2d 1272 (noting "the [Driver License] Division may introduce . . . the officer's testimony that he or she effected written service of immediate notice and basic information or a copy of the immediate notice and basic information showing timely service to the arrestee" to "insulate . . . [the revocation] from reversal on appeal" (quotation and citation omitted)). The arresting officer testified that he presented the citation to Rosengreen while he was being booked and the citation was placed with his personal effects. Moreover, in his brief, Rosengreen indicates that he had a hearing before the Division.
Accordingly, we affirm the revocation of Rosengreen's license.
James Z. Davis, Judge
WE CONCUR:
Norman H. Jackson, Presiding Judge
William A. Thorne Jr., Judge
Page 1 2 Utah DUI Attorneys
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