MARQUEZ v. CHARNES

No. 81CA0034.

632 P.2d 640 (1981)

Rudy Bunny MARQUEZ, Plaintiff-Appellee, v. Alan CHARNES, Director of Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

July 9, 1981.


Attorney(s) appearing for the Case

Jon P. Lozow, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Richard E. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Richard H. Forman, Asst. Atty. Gen., Denver, for defendant-appellant.


COYTE, Judge.

The director of the Department of Revenue appeals the trial court judgment directing reinstatement of plaintiff's driver's license. We reverse.

Plaintiff refused to take a chemical test in accordance with the implied consent law. The advisement form stated that plaintiff was driving a motor vehicle on a public highway, that he had bloodshot, watery eyes, a strong odor of alcohol on his breath, and his speech was slurred. When asked to perform...

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