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SMITH v. CHARNES

No. 80SA535.

649 P.2d 1089 (1982)

Peter Shull SMITH, Plaintiff-Appellant, v. Alan CHARNES, Executive Director Department of Revenue, State of Colorado, and Motor Vehicle Division, State of Colorado, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 23, 1982.

Attorney(s) appearing for the Case

Amos Rogers Little, III, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Mary C. Snow, Asst. Atty. Gen., Denver, for defendant-appellee.

QUINN, Justice.

The Motor Vehicle Division of the Department of Revenue (Department) suspended the driver's license of Peter Shull Smith because he accumulated twelve points within a twelve month period, and the suspension was upheld by the district court. Smith argues that the statute authorizing the suspension, section 42-2-123(1)(a), C.R.S.1973 (1981 Supp.), violates equal protection of the laws in that it allows chauffeurs to accumulate more points

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