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SHIARLA v. STATE

No. 77-219.

576 P.2d 193 (1978)

Walter Earl SHIARLA, Plaintiff-Appellant, v. The STATE of Colorado, Joseph Dolan, Director of Revenue of the State of Colorado, Robert Cassell, Director of the Division of Motor Vehicles of the State of Colorado, and George Theobald, Director of the Hearing Section, Division of Motor Vehicles, Department of Revenue, State of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Division II.

Rehearing Denied February 2, 1978.

Certiorari Denied March 27, 1978.

Attorney(s) appearing for the Case

Carroll & Bradley, P. C., John S. Carroll, Karen W. Gangle, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Arthur G. Staliwe, Sp. Asst. Atty. Gen., Karen Hoffman Seymour, Asst. Atty. Gen., Denver, for defendantsappellees.

BERMAN, Judge.

Plaintiff, Walter Earl Shiarla, appeals from a district court judgment affirming an order of the Department of Revenue, Division of Motor Vehicles, (Department), which revoked his driver's license pursuant to the provisions of Colorado's implied consent law. He argues that his duty to consent to any alcohol determination test was obviated by the arresting officer's failure to advise him that if he submitted to a blood test it would be administered by...

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