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CAPLE v. DEPARTMENT OF REVENUE

No. 90CA0456.

804 P.2d 873 (1990)

David W. CAPLE, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE OF the STATE OF COLORADO, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

December 20, 1990.

Attorney(s) appearing for the Case

Wyatt and Martell, Martin J. Heffernan, Fort Collins, for plaintiff-appellee.

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

Opinion by Judge DAVIDSON.

The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, David W. Caple, for refusing to submit to testing as required by the express consent statute. The sole issue on appeal is whether plaintiff was "driving" within the meaning of the express consent statute. We conclude that plaintiff was driving and, therefore, reverse and remand.

The essential facts are...

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