MARIN v. COLORADO DEPT. OF REVENUE

No. 78-430.

591 P.2d 1336 (1978)

Albert MARIN, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, Alan N. Charnes, Executive Director of the Colorado Department of Revenue, Jon A. Rogers, Hearing Officer of the Colorado Department of Revenue, and George Theobald, Chief Hearing Officer of the Colorado Department of Revenue, Defendants-Appellees.

Colorado Court of Appeals, Division III.

Rehearing Denied December 28, 1978.

Certiorari Denied March 12, 1979.


Attorney(s) appearing for the Case

Robert B. Keating, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Anthony M. Marquez, Asst. Atty. Gen., Denver, for defendants-appellees.


VanCISE, Judge.

Plaintiff Albert Marin's driving privileges were revoked by the defendant Department of Revenue pursuant to the implied consent law, § 42-4-1202(3), C.R.S.1973, for refusal to take a chemical sobriety test. Contending that he had not been driving and that, therefore, the implied consent law did not apply, Marin petitioned for judicial review as authorized by §§ 42-2-127 and 24-4-106, C.R.S.1973. The district court affirmed the revocation...

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