WILKINSON v. MOTOR VEHICLE DIVISION, DEPARTMENT OF REVENUE

No. 80CA1066.

634 P.2d 1016 (1981)

Steven WILKINSON, Plaintiff-Appellant, v. MOTOR VEHICLE DIVISION, DEPARTMENT OF REVENUE, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 9, 1981.

Certiorari Denied October 13, 1981.


Attorney(s) appearing for the Case

Richard M. Borchers, P.C., Richard M. Borchers, Westminster, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Roger Morris, Asst. Attys. Gen., Denver, for defendant-appellee.


STERNBERG, Judge.

Wilkinson appeals from an order of dismissal entered by the trial court, claiming that, because no motion to dismiss was before the court, dismissal was plain error. We affirm.

Wilkinson's driver's license was suspended on a hearing officer's finding that he had refused to submit to a chemical test, as required by the implied consent law. On February 22, 1980, pursuant to § 24-4-106, C.R.S.1973, he filed a complaint in the district court...

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