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DRAKE v. COLO. DEPT. OF REVENUE

No. 82SA390.

674 P.2d 359 (1984)

Hugh Hess DRAKE, Petitioner-Appellant, v. The COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, and Alan Charnes, in his capacity as duly appointed Executive Director of the Colorado Department of Revenue, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 23, 1984.

Attorney(s) appearing for the Case

Houtchens, Houtchens & Daniel, Kim R. Houtchens, Greeley, for petitioner-appellant.

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., J. Stephen Phillips, Roger Morris, Asst. Attys. Gen., Denver, Stuart A. Van Meveren, Dist. Atty., Eighth Judicial Dist., Frank H. Oldham, Deputy Dist. Atty., Fort Collins, for respondents-appellees.

ERICKSON, Chief Justice.

Hugh Hess Drake (appellant) appeals a judgment of the District Court of Larimer County which affirmed the revocation of his driver's license by a Department of Revenue hearing officer under section 42-4-1202(3)(e), C.R.S.1973 (1982 Supp.) (Implied Consent Law).1 We affirm.

I.

On June 5, 1981, at approximately 11:05 p.m., Officer Motzkus of the Colorado State Patrol, driving northbound on Colorado...

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