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STATE, MOTOR VEHICLE DIV. v. DAYHOFF

Nos. 79SC114, 79SC132.

609 P.2d 119 (1980)

STATE of Colorado, MOTOR VEHICLE DIVISION, Petitioner, v. Roger Edwin DAYHOFF, Respondent. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Petitioner, v. Michael Lee EMMER, Respondent. Thomas Robert McCOY, Petitioner, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Respondent.

Supreme Court of Colorado, En Banc.

March 31, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Yvette P. Fossum, Asst. Atty. Gen., Denver, for petitioner in No. 79SC114.

James J. Kissell, Boulder, for respondent, Roger E. Dayhoff.

Robert L. Goodbinder, Grand Junction, for respondent, Michael Lee Emmer.

Dana F. Strout, Denver, for petitioner in No. 79SC132.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Terre Lee Rushton, Asst. Atty. Gen., Denver, for respondent in No. 79SC132.

ERICKSON, Justice.

We granted certiorari in these consolidated cases to reconcile conflicting holdings of two departments of the court of appeals. See Dayhoff v. Colorado Motor Vehicle Division, Colo.App., 595 P.2d 1051 (1979); McCoy v. Colorado Motor Vehicle Division, Colo.App., 595 P.2d 706 (1979). The issue before both departments was whether the driver's license revocation provision...

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