ZINN v. DOLAN

No. 77-856.

588 P.2d 389 (1978)

Alvin R. ZINN, Plaintiff-Appellee, v. Joseph F. DOLAN, as Director of the Department of Revenue and the Motor Vehicle Department, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Division III.

Rehearing Denied October 26, 1978.

Certiorari Denied December 26, 1978.


Attorney(s) appearing for the Case

Weltzer & Worstell, Louis A. Weltzer, David L. Worstell, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Linda Palmieri Rigsby, Asst. Atty. Gen., Denver, for defendant-appellant.


PIERCE, Judge.

The Department of Revenue brings this appeal from an order of the district court which reversed a decision of the Department revoking plaintiff's driver's license for a period of six months for his refusal to submit to a chemical test as required by the implied consent statute, § 42-4-1202, C.R.S. 1973. We reverse the order of the district court and remand the cause with directions.

Although neither the plaintiff nor the Department raised...

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