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DeSCALA v. MOTOR VEH. DIV. OF DEPT. OF REV.

No. 82SA385.

667 P.2d 1360 (1983)

Timothy J. DeSCALA, Plaintiff-Appellant v. The MOTOR VEHICLE DIVISION OF the DEPARTMENT OF REVENUE, State of Colorado and its Executive Director, Alan N. Charnes, Defendants-Appellees.

Supreme Court of Colorado.

June 20, 1983.

Attorney(s) appearing for the Case

Goldsmith & Luby, P.C., Thomas C. McCoy, Denver, for plaintiff-appellant.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., James R. Willis, Sp. Asst. Atty. Gen., Denver, for defendants-appellees.

QUINN, Justice.

The appellant, Timothy J. DeScala, appeals a judgment of the Arapahoe County District Court affirming the three month revocation of his driver's license for refusing to submit to a chemical test pursuant to the implied consent statute, section 42-4-1202(3), C.R.S.1973 & 1982 Supp. He claims that the implied consent statute violates equal protection of the laws1 and, alternatively, that the district court applied an...

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