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AULTMAN v. MOTOR VEHICLE DIV., DEPT. OF REV.

No. 84CA0611.

706 P.2d 5 (1985)

Robert Dale AULTMAN, Plaintiff-Appellee, v. MOTOR VEHICLE DIVISION, DEPARTMENT OF REVENUE, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 29, 1985.

Certiorari Denied December 2, 1985.

Attorney(s) appearing for the Case

Randall J. Davis, Westminster, 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.

KELLY, Judge.

Defendant, Motor Vehicle Division of the Colorado Department of Revenue (Division), appeals the trial court judgment which reversed its revocation of the driver's license of plaintiff, Robert Aultman. The Division argues that the trial court erred in finding that the requirements of due process were violated because the hearing officer indulged a presumption of validity of intoxilyzer test results and thus, did not require sufficient foundation before...

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