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GURULE v. STATE, DEPT. OF REV., MOTOR VEH. DIVISION

No. 76-052.

558 P.2d 587 (1976)

Ismiel Adolph GURULE, Plaintiff-Appellee, v. The STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, et al., Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 18, 1976.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, Robert L. Pastore, Deputy State Public Defender, Alamosa, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Arthur G. Staliwe, Sp. Asst. Atty. Gen., Denver, for defendants-appellants.

COYTE, Judge.

The Department of Revenue, Motor Vehicle Division, seeks review of a district court judgment enjoining its suspension of appellee's driving privilege. We affirm the judgment.

Appellee was convicted in November 1974 of driving while his ability was impaired by alcohol, and the Motor Vehicle Division assessed eight points against his driver's license. That same month appellee was issued a municipal court summons and complaint by an Alamosa, Colorado...

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