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SMITH v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION

No. 82CA0567.

661 P.2d 1192 (1982)

Gregory SMITH, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 6, 1983.

Certiorari Denied March 28, 1983.

Attorney(s) appearing for the Case

Larry Galka, Colorado Springs, for plaintiff-appellant.

J.D. MacFarlane, Atty. Gen., Charles Howe, Deputy Atty. Gen., Joel Cantrick, Sp. Asst. Atty. Gen., Larry A. Williams, Asst. Atty. Gen., Denver, for defendant-appellee.

PIERCE, Judge.

The district court affirmed the revocation of the driver's license of Gregory Smith. The plaintiff had been previously convicted of operating a vehicle while under the influence of, or impaired by, alcohol. In the instant case, plaintiff refused to submit to an alcohol determination test. Based upon the plaintiff's driving record and this refusal, the Department of Revenue revoked his driver's license. Now plaintiff appeals and we affirm.

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