Killpack driver's license trial rescheduled

SALT LAKE CITY — A bench trial, scheduled for Tuesday — intended to determine whether former Utah Senate Majority Leader Sheldon Killpack could get his driver's license back in the face of his DUI arrest — has been moved to September.

The trial will now take place Sept. 17. This is the fourth date that has been set for the hearing, in which Killpack will appeal the suspension of his driver's license. The court docket notes that this date switch came after an agreement by attorneys on both sides of the case. The docket notes the new trial date and states "there will be no more continuances."

Killpack, 42, was charged in Salt Lake County Justice Court with DUI, a class B misdemeanor, and failure to signal, a class C misdemeanor, after he was stopped near 700 East and 3300 South, around 12:15 a.m., on Jan. 15, by a Utah Highway Patrol trooper. Investigators say Killpack smelled strongly of alcohol and then performed poorly on a field sobriety test and refused to take a Breathalyzer test. His blood-alcohol level was shown to be 0.11; the legal limit in Utah is 0.08.

Killpack resigned from the state Legislature the day after his arrest to avoid being a "distraction" during the legislative session.

He has pleaded not guilty to the charges.

Officials with the Department of Public Safety said Killpack's license was suspended as a penalty for Killpack's refusal to submit to a breath test. They say that when one signs a driver's license, they agree to submit to any tests that may be required by law enforcement and a violation of that agreement can lead to a license suspension.

Killpack has been appealing the suspension since March. In the petition arguing their case, Killpack's attorney Ed Brass called the suspension "arbitrary and capricious" and said it is causing Killpack "irreparable damage."

In a separate action, Killpack is challenging the legality of the DUI arrest in Salt Lake County Justice Court. His attorney has filed a motion to suppress the evidence that was taken by the trooper in the stop. A hearing on that motion is slated for Sept. 7.

e-mail: emorgan@desnews.com