IREY v. NIELSON

No. 84CA1060.

716 P.2d 486 (1986)

John O. IREY, Plaintiff-Appellant, v. Carolyn NIELSON, Hearing Examiner for Colorado Department of Revenue, Motor Vehicle Division; George Theobald, Hearing Division Director, Colorado Department of Revenue, Motor Vehicle Division; Alan Charnes, Manager of the Colorado Department of Revenue, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

February 13, 1986.


Attorney(s) appearing for the Case

Griffith & Beach, Otis W. Beach, Bradford L. Allin, Fort Collins, for plaintiff-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia Nimerichter, Asst. Atty. Gen., Denver, for defendants-appellees.


STERNBERG, Judge.

The plaintiff, John O. Irey, appeals a judgment affirming the revocation of his driver's license by the Department of Revenue. We affirm.

Irey was stopped by a police officer who saw his automobile weaving from lane to lane. As Irey got out of his car, the arresting officer noticed that he appeared to lose his balance. The officer detected a strong odor of alcohol on plaintiff's breath. After Irey failed a roadside sobriety test, he was arrested...

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