Killpack wants judge to overturn driver's license suspension

SALT LAKE CITY — Former Senate Majority Leader Sheldon Killpack, who was arrested for DUI in January, has petitioned a judge to overturn the recent suspension of his driver's license.

Killpack's license was suspended until August 2011 following a Driver License Division hearing last month, according to Jeff Nigbur, spokesman for the Department of Public Safety. When Killpack gets his license back, he must have an ignition interlock device on his vehicle for three years and also will be designated as an "alcohol-restricted driver" for five years.

"Being an alcohol-restricted driver means you no longer can have any alcohol in your system while driving," Nigbur said. "For example, if I stop somebody and they're an alcohol-restricted driver and they've had a glass of wine, even if they're not over the legal limit, I can arrest them again."

Killpack's attorneys filed the petition March 10, arguing that the suspension was "arbitrary and capricious" and is causing Killpack "irreparable damage." The case has been assigned to 3rd District Judge John Paul Kennedy but no court dates have been set.

The Driver License Division conducts hearings that are civil matters that are independent of court actions. One issue addressed at such hearings is whether a person stopped by police agrees to a breath test. Killpack refused to take one, according to court records.

In his petition, defense attorney Ed Brass argues that the trooper "lacked reasonable grounds to request a chemical test."

"For that refusal, there are some penalties that come along with that," Nigbur said. "When you sign your license, you basically are saying you will go through any tests that a police officer will have you do. You can refuse, but if you refuse, you can have your license suspended for that amount of time."

Nigbur said it's unusual to ask a judge to reverse the results of a driver's license suspension. "It does happen, but not a lot. Typically, it's not very successful," he said.

In a separate action, Killpack has an April 12 hearing in Salt Lake County Justice Court regarding the DUI arrest. He is charged with DUI, a class B misdemeanor, and failure to signal, a class C misdemeanor.