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DOLAN v. RUST

No. C-1197.

576 P.2d 560 (1978)

Joseph F. DOLAN, Director of the Department of Revenue, State of Colorado and Steven J. Dawes, Hearings Officer, Department of Revenue, State of Colorado, Petitioners, v. Harley Earl RUST, Respondent.

Supreme Court of Colorado, En Banc.

April 3, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Solicitor Gen., Arthur G. Staliwe, John R. Rodman, Felipe V. Ponce, Asst. Attys., Gen., Denver, for petitioners.

Cecil A. Hartman, Denver, for respondent.

HODGES, Justice.

Pursuant to Colorado's implied consent law, section 42-4-1202(3), C.R.S.1973, respondent Rust's driving privileges were revoked for six months by the Department of Revenue. This action was taken after a hearing and based on findings that respondent Rust refused a chemical test after being taken into custody for driving a motor vehicle while under the influence of alcohol. This revocation was voided in the district court, and on appeal by the Department...

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