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McCLELLAN v. STATE, DEPT. OF REVENUE

No. 85CA0428.

731 P.2d 769 (1986)

James Benjamin McCLELLAN, Plaintiff-Appellant, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION; Alan Charnes, the executive director thereof, and Jeff Visconti, a hearing officer thereof, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 11, 1986.

Attorney(s) appearing for the Case

French & Stone, P.C., David M. Haynes, Boulder, for plaintiff-appellant.

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

BABCOCK, Judge.

Plaintiff, James Benjamin McClellan, appeals the judgment of the district court affirming an order of the Motor Vehicle Division of the Department of Revenue (Department) revoking his driver's license. We affirm.

Plaintiff was stopped by a member of the Boulder County Sheriff's Department after he was observed weaving into the oncoming lane. The officer administered a roadside sobriety test, and arrested plaintiff for driving under the influence...

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