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IN THE UTAH COURT OF APPEALS
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State of Utah,  )  MEMORANDUM DECISION  
)  (Not For Official Publication)  
Plaintiff and Appellee,  ) )  Case No. 20040328-CA  
v.  )  
)  F I L E D  
Shawn Keith,  )  (October 20, 2005)  
)  
Defendant and Appellant.  )  2005 UT App 445  

Fifth District, Cedar City Department, 025501031
The Honorable J. Philip Eves

Attorneys: J. Bryan Jackson, Cedar City, for Appellant
Jeffery E. Slack, Cedar City, for Appellee

Before Judges Greenwood, Orme, and Thorne.

ORME, Judge:

We have determined that "[t]he facts and legal arguments are
adequately presented in the briefs and record[,] and the
decisional process would not be significantly aided by oral
argument." Utah R. App. P. 29(a)(3). Moreover, the issues
presented are readily resolved under applicable law.

Defendant Shawn Keith argues that the result of his breath
test should have been suppressed by the trial court because, at
the time of the test, the administering officer was not certified
in accordance with standards promulgated by the Department of
Public Safety. Neither party disputes that Utah Code section 41

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