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AYALA v. COLORADO DEPT. OF REVENUE, ETC.

No. 79CA0391.

603 P.2d 979 (1979)

Jose Alberto AYALA, Petitioner-Appellee, v. The COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, and Alan Charnes, in his capacity as duly appointed Executive Director of the Colorado Department of Revenue, Respondents-Appellants.

Colorado Court of Appeals, Div. II.

November 29, 1979.

Attorney(s) appearing for the Case

Zane M. Pic, Ellen J. Helberg, Greeley, for petitioner-appellee.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James R. Willis, Asst. Sol. Gen., Denver, for respondents-appellants.

RULAND, Judge.

The Department of Revenue appeals from a judgment of the district court which set aside the Department's order revoking the driver's license of Jose Alberto Ayala pursuant to the implied consent statute, § 42-4-1202(3), C.R.S.1973. We reverse and remand the case for further proceedings.

The record reflects that Ayala was involved in a single car accident on October 8, 1977, which was investigated by officer Carolus of the Colorado State...

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