O'ROURKE v. MOTOR VEH. DIV., DEPT. OF REV.

No. 85CA1718.

735 P.2d 207 (1987)

Mary Elizabeth O'ROURKE, Plaintiff-Appellee, v. MOTOR VEHICLE DIVISION, DEPARTMENT OF REVENUE, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

February 5, 1987.


Attorney(s) appearing for the Case

No appearance for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Richard T. Hill, Asst. Atty. Gen., Denver, for defendant-appellant.


BABCOCK, Judge.

Acting pursuant to the express consent statute, § 42-4-1202, C.R.S. (1984 Repl. Vol. 17), the Department of Revenue revoked the driver's license of Mary Elizabeth O'Rourke. On review, the district court reversed that revocation, and the Department appeals. We affirm.

O'Rourke was involved in an accident in Aurora and taken to a hospital. An Aurora police officer who arrived at the hospital testified that he approached O'Rourke, who was...

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