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COLORADO DEPT. OF REVENUE, ETC. v. SMITH

No. 80SC321.

640 P.2d 1143 (1982)

The COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Petitioner, v. Leland Ray SMITH, II, Respondent. The COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Petitioner, v. Joseph ZUCCHINI, Respondent.

Supreme Court of Colorado, En Banc.

February 16, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Terre Lee Rushton, Richard H. Forman, Asst. Attys. Gen., Denver, for petitioner.

Kourlis, Thornberry & Young, Rebecca Love Kourlis, Craig, Lamm & Schader, Martin Pankove, William P. Goldstein, Boulder, for respondent.

HODGES, Chief Justice.

We granted certiorari to review the court of appeals' decisions in Zucchini v. Colorado Department of Revenue, Colo.App., 620 P.2d 247 (1980), and Smith v. Colorado Department of Revenue, (Ct.App.No. 80CA0309, announced October 9, 1980, not selected for official publication). These cases have been consolidated as they both pose the same question regarding reinstatement of driving privileges after...

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