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

No. 84CA0689.

709 P.2d 978 (1985)

Donald Scott MAREK, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

October 31, 1985.

Attorney(s) appearing for the Case

No appearance for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Anthony S. Trumbly, Asst. Atty. Gen., Denver, for defendant-appellant.

KELLY, Judge.

Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Department), appeals the trial court judgment which reversed the Department's revocation of the driver's license of plaintiff, Donald Marek. The Department argues that the trial court erred in substituting its own judgment for that of the hearing officer. We reverse.

Following his arrest on a charge of driving under the influence...

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