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SWAIN v. STATE, DEPT. OF REV., MOTOR VEH. DIV.

No. 86CA0746.

717 P.2d 507 (1985)

Randall Paul SWAIN, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 5, 1985.

Certiorari Denied April 14, 1986.

Attorney(s) appearing for the Case

Joseph R. Coyte, Fort Collins, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Steven M. Bush, Asst. Atty. Gen., Denver, for defendant-appellant.

PIERCE, Judge.

The Department of Revenue appeals from a judgment of the district court which reversed the Department's revocation of the driving license of plaintiff, Randall Paul Swain. We reverse and remand.

Swain was observed driving a motor vehicle in an erratic manner, and was stopped by police officers. He was given roadside sobriety tests which he performed poorly. His speech was slurred, his eyes were bloodshot, and he smelled of alcohol. He

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