Cases

Assmann v. State, Dept. of Public Safety, 301 P.3d 3 (2013)

After licensee’s driver’s license was revoked for a period of 36 months, licensee appealed. The Third District Court, Tooele Department, Robert W. Adkins, J., affirmed. Licensee appealed. The Court of Appeals held that: [1] the Driver License Division was not required to produce a copy of the warrant obtained to test licensee’s blood during license revocation proceeding, and [2] substantial evidence supported finding that licensee refused to submit to a chemical test. Affirmed.

Beller v. Rolfe, 194 P.3d 949 (2008)

Motorist’s driver license was suspended by the Utah Driver License Division after he was arrested for driving under influence of alcohol (DUI). Motorist petitioned for review by trial de novo, alleging that his traffic stop was unlawful. The Third District Court, Salt Lake, Tyrone E. Medley, J., determined that the stop was unlawful but ruled that the exclusionary rule did not apply to the license hearing. Motorist and the state appealed. The Supreme Court, Nehring, J., held that the exclusionary rule does not apply to driver license revocation proceedings. Affirmed.

Cousino v. Rolfe, Not Reported in P.3d (2009)

Appellant Nanette Rolfe, Chief of the Driver Control Bureau of the Driver License Division, challenges the district court’s decision reinstating Appellee Curtis Cousino’s driver license, which had been suspended as a result of his refusal to submit to a chemical test. The issue presented in this case is indistinguishable from the issue addressed in Huckins v. Rolfe, 2009 UT App 22. Rolfe moves for summary reversal.

Decker v. Rolfe, 180 P.3d 778 (2008)

Licensee appealed from decision of the Third District Court, Salt Lake Department, Timothy R. Hanson, J., upholding the administrative suspension of his driver’s license for refusing to take a breath test. The Court of Appeals, Bench, J., held that: [1] although licensee allegedly failed to exhaust his administrative remedies, district court still had jurisdiction to review the Driver License Division’s administrative decision; and [2] deputy’s comments that, if deputy, like licensee, was facing a breath test at the sheriff’s office, deputy would not take the test did not legally excuse or vitiate licensee’s refusal to take breath test. Affirmed.

Gilley v. Blackstock, 61 P.3d 305 (2002)

Motorist appealed order of the Third District Court, Tooele Department, David S. Young, J., dismissing her appeal of the Driver License Division’s order to revoke her license. The Court of Appeals, Billings, Associate Presiding Judge, held that motorist’s appeal exceeded the Utah Administrative Procedures Act’s (UAPA) 30 day time limit. Affirmed.

Huckins v. Rolfe, 204 P.3d 186 (2009)

Driver sought review of decision of the Driver Control Bureau of the Driver License Division, Department of Public Safety, suspending his driver license for failure to submit to chemical testing. The Third District Court, Salt Lake Department, Denise P. Lindberg, J., reinstated license. Division appealed. The Court of Appeals, Thorne, Associate P.J., held that driver license reinstatement provisions contained in statute governing license suspensions for impaired driving are not applicable to driver license revocations imposed for failure to submit to chemical testing. Reversed and remanded.

Johansson v. Rolfe, 257 P.3d 1046 (2011)

Motorist appealed administrative suspension of his driver’s license for refusing to take test of blood alcohol levels. After a trial de novo, the Third District Court, Salt Lake Department, Tyrone E. Medley, J., upheld the suspension. Motorist appealed. The Court of Appeals held that motorist’s refusal to take breath test at scene of arrest supported suspension of license. Affirmed.

Miller v. Blackstock, 36 P.3d 525 (2001)

Motorist sought judicial review of Driver License Division’s revocation of his license for failure to submit to a chemical test. After trial de novo, the Third District Court, Salt Lake Department, Ronald E. Nehring, J., revoked license for ten months. Parties appealed. The Court of Appeals, Russell W. Bench, J., held that: (1) license revocation process was not rendered defective by police officer’s failure to provide motorist with a temporary license, and (2) any due process violation that occurred in motorist’s not being given a temporary license would be cured by deducting applicable time from revocation period. Affirmed in part and reversed in part.

Snedeker v. Rolfe, 176 P.3d 444 (2007)

Defendant, who was arrested for driving under the influence (DUI), challenged initial stop of his vehicle by state trooper. The Second District Court, Ogden Department, Parley R. Baldwin, J., concluded that initial stop was lawful. Defendant appealed. The Court of Appeals, Billings, J., held that trooper had reasonable, articulable suspicion that vehicle defendant was driving was uninsured, as would justify stop. Affirmed.

State v. Turner, 283 P.3d 527 (2012)

Following denial of his motion to suppress, defendant pled guilty in the Third District, Salt Lake Department, Vernice Trease, J., to driving under the influence of alcohol (DUI). He appealed. The Court of Appeals, McHugh, P.J., held that: [1] trial court’s determination that state trooper’s testimony concerning breath alcohol test machine met threshold reliability requirements was not unreasonable, and [2] defendant’s argument that the admission of the breath alcohol test machine results violated his due process rights was inadequately briefed. Affirmed.

State v. Vialpando, 89 P.3d 209 (2004)

Defendant was convicted in the Third District Court, West Valley Department, Pat B. Brian, J., of driving under the influence of alcohol (DUI). Defendant appealed. The Court of Appeals, Thorne, J., held that: [1] trooper possessed requisite reasonable articulable suspicion sufficient to justify initial detention of defendant, and [2] trial court’s admission of results of defendant’s alcohol breath test was not an abuse of discretion. Affirmed.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol Related Sections)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

No reference (Refer to CDL Disqualification or Suspension)

10-Day Posting Requirement

Applicability (Exemptions)

Disqualifications (Railroad/ Out of Service)

Hazardous Materials References

Utah Controlled Substances Act

Resources

News

Broadcast Library

Come To Order – Human Trafficking – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: An Overview of Human Trafficking for Judges – August 27, 2025

This episode is the first in a four-part series on human trafficking and what judges need to know to address this issue in their courts and communities. All episodes in the series were recorded during a judicial human trafficking leadership workshop held at The National Judicial College. This first episode focuses on the definition of human trafficking and when and where judges are likely to encounter victims and others.

Guests include:

Judge Gayle Williams-Byers, a judicial fellow at the NJC and a retired judge from Ohio. Aaron Ann Cole of Funfsinn of Hicks & Funfsinn in Lexington, Kentucky. Previously, she worked as a prosecutor in Cook County, Illinois, in the special prosecution unit in the Kentucky Attorney General’s Office, and in the special prosecution unit of the Fayette County Commonwealth Attorney’s Office. She is on the faculty at the National Judicial College.

Judge Chris Turner, a Magistrate Judge in the Third Judicial District in Shawnee County Kansas.

Come To Order – Human Trafficking – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: The Judge’s Guide to Understanding the Systems Behind Human Trafficking – August 29, 2025

This is the second episode in a series designed to help judges understand human trafficking. This episode focuses on the often complex systems behind human trafficking and help explain some of the challenges in adjudicating these cases.

Guests include:

Dr. Jeanne Allert, the founder and director of the Institute for Shelter Care, a national initiative to address gaps in service and quality for victims of exploitation. She is also the founder of The Samaritan Women. She holds a PhD in Counseling and Psychological Studies.

Lindsey Lane, the director of strategic engagement at the Human Trafficking Institute in Georgia. She formerly was a human trafficking prosecutor and assistant district attorney in North Carolina and a senior assistant district attorney in Tennessee’s Third Judicial District.

Come To Order – Human Trafficking – Episode Three

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Three: How Bias May Prevent Judges From Recognizing Human Trafficking – September 25, 2025

This episode continues our series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. It explores how biases may prevent judges from recognizing human trafficking in their courtrooms.

Guests include:

Dr. Joseph A. Vitriol, an assistant professor at Lehigh University in Pennsylvania. He holds a Ph.D. in social-personality and political psychology from the University of Minnesota, Twin Cities, and a BA/MA in forensic psychology from John Jay College of Criminal Justice.

Dr. Christine McDermott, who is a research fellow at the National Judicial College. She earned her Ph.D. and master’s in interdisciplinary social psychology from the University of Nevada, Reno and her bachelor’s degree from the University of Colorado, Colorado Springs.

Come To Order – Human Trafficking – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: How The Trucking Industry Is Fighting Human Trafficking & What Judges Need To Know – September 26, 2025

This is the final episode of our four-part series on human trafficking and what judges need to know and what they can do to help address this issue in their communities. This episode focuses on how the trucking industry is fighting human trafficking and how that may impact how cases end up before a judge.

Guests include:

Jake Elovirta, the Director of Enforcement Programs for the Commercial Vehicle Safety Alliance; Judge Chris Turner, who is a Magistrate Judge and director of Judicial Outreach in the Third Judicial District in Shawnee County Kansas; and Dylan Wecht, a Public Sector Engagement Specialist for Truckers Against Trafficking.

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Why Judge? “Unmasking” Procedural Fairness and Empathy for Self-Represented Litigants in Court

Course Description:

This webcast explores the concept of “masking” by self-represented litigants (SRLs) holding a Commercial Driver License (CDL), and its impact on procedural fairness. Masking occurs in everyday court adjudication procedures. When adjudicating SRLs, the language needs to be and appear “respectable” and avoid negative judgments within the courtroom. The presentation will examine how court discretion, implicit expectations of respectability, and the absence of active listening and empathy can impact SRLs’ judgements. Participants will learn to exercise these abilities while still upholding judicial ethical duties. Participants will gain insights into fostering courtroom practices that uphold procedural fairness while recognizing and responding to masking behaviors.

 

Course Objectives:

After this course, participants will be able to:

● Define masking in the context of CDL self-represented litigants and explain how it impacts procedural fairness and perception of credibility in court.

● Describe how respectability norms, court discretion, and language expectations can denigrate the challenges with CDL-SRLs and identify strategies to mitigate these barriers while maintaining judicial ethics.

● Demonstrate the use of active listening and empathy to recognize and appropriately respond to masking behaviors with ethos, fostering fair and respectful courtroom interactions.

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Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.