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MAMEDA v. COLORADO DEPT. OF REVENUE

No. 84CA0079.

698 P.2d 277 (1985)

Herbert Dean Hideo MAMEDA, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

February 28, 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., James R. Willis, Steven M. Bush, Asst. Attys. Gen., Denver, for defendant-appellant.

STERNBERG, Judge.

The primary issue in this appeal is whether a hearing officer, in a proceeding concerning the revocation of a driver's license, can refuse to accept into evidence the result of an independently tested breath test sample. We rule that the results of the independent test must be accepted into evidence. Therefore, the ruling of the trial court which reversed the hearing officer is affirmed, and the cause is remanded with directions to remand to the...

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