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SCHOCKE v. ST., DEPT. OF REV., MOTOR VEH. DIV.

No. 85CA0394.

719 P.2d 361 (1986)

Dale SCHOCKE, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing February 13, 1986.

Certiorari Denied May 12, 1986.

Attorney(s) appearing for the Case

Douglas R. Vannoy, Fort Morgan, 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 Motor Vehicle Division of the Department of Revenue appeals a district court order reversing the revocation of plaintiff's driver's license. We affirm.

Plaintiff was arrested and charged with driving under the influence after a Fort Morgan police officer stopped him for speeding. Plaintiff was given an intoxilyzer test that indicated an alcohol concentration of 0.163 grams of alcohol per 210 liters of breath.

At the subsequent license...

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