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PEOPLE v. HELM

No. 81 SA 123.

633 P.2d 1071 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Manford Frank HELM, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 21, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., J. Stephen Phillips, John Daniel Dailey, Asst. Atty. Gen., Denver, for plaintiff-appellant.

Hugh R. Warder, Glenwood Springs, for defendant-appellee.

DUBOFSKY, Justice.

The People bring an interlocutory appeal under C.A.R. 4.1 from an order of the county court, affirmed by the district court, suppressing the results of a roadside sobriety test and a blood alcohol test in the prosecution of the defendant, Manford Frank Helm, for drunk driving. The lower courts suppressed the test results primarily because the defendant was not forewarned that he could refuse to take the roadside sobriety test. We reverse the lower...

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