REYHER v. STATE, DEPT. OF REVENUE, ETC.

No. 76-695.

571 P.2d 729 (1977)

Herbert Dean REYHER, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, HEARING SECTION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 25, 1977.

Certiorari Denied November 29, 1977.


Attorney(s) appearing for the Case

Johnson, McLachlan & DiCola, Anthony J. DiCola, Lamar, 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 defendant-appellant.


BERMAN, Judge.

Defendant, Motor Vehicle Division of the Colorado Department of Revenue, appeals from a judgment of the district court reversing defendant's revocation of plaintiff's right to drive a motor vehicle for five years, pursuant to § 42-2-202(2)(a)(III), C.R.S. 1973 of the habitual offender law. We reverse.

Following expiration of plaintiff's driver's license, he had his driving privileges denied on April 9, 1974. Thereafter, between July 10...

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