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FORVILLY v. DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION

No. 85CA0556.

730 P.2d 888 (1986)

Norman Wilfred FORVILLY, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 23, 1986.

Attorney(s) appearing for the Case

Marvin Dansky, P.C., Marvin Dansky, Jack Le Prowse, Westminster, for plaintiff-appellee (on the briefs).

Norman Wilfred Forvilly, pro se.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Anthony S. Trumbly, Asst. Atty. Gen., Denver, for defendant-appellant.

STERNBERG, Judge.

The Department of Revenue appeals from a judgment of the trial court which vacated its order revoking the driver's license of Norman Wilfred Forvilly. We affirm.

Forvilly's vehicle was observed weaving from lane to lane. The investigating officer stopped the vehicle and Forvilly appeared to be drunk. Forvilly refused roadside sobriety tests and was arrested for driving under the influence.

Forvilly agreed to submit to a chemical test...

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