Payson City Councilman John Michael Rogers has filed a petition in 4th District Court asking that his driving privileges be restored pending the outcome of a Jan. 31 trial for driving under the influence of alcohol.

Rogers, who was arrested near Payson Canyon on Oct. 4 by a Utah County sheriff's deputy, had his driver's license revoked in November by the Drivers License Division for refusing to submit to a breath test.In the petition, Rogers' attorney Robert Van Sciver claims that Rogers depends on driving for his employment. The petition claims that the Drivers License Division does not have jurisdiction because a sworn report of refusal was not received within five days. The petition is being considered by Judge Cullen Y. Christensen.

This is Rogers' third DUI charge since 1984. He was convicted in February 1985 and again in February 1989. If found guilty of the recent charge, Rogers faces a possible sentence of six months in jail and a $1,000 fine. Since this is the second charge in two years, Rogers faces a minimum sentence of 10 days in jail if convicted.