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SWIM v. CHARNES

No. 85CA0195.

717 P.2d 1016 (1986)

Edward E. SWIM, Jr., Plaintiff-Appellant, v. Alan CHARNES, as Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 27, 1986.

Attorney(s) appearing for the Case

Harshman, Deister, Larson & McBee, Thomas M. Deister, Douglas E. Larson, Grand Junction, for plaintiff-appellant.

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-appellee.

TURSI, Judge.

Plaintiff, Edward R. Swim, Jr., appeals a 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 reverse.

Plaintiff was stopped by a member of the Grand Junction police force for an alleged speeding violation. The police officer requested that plaintiff submit to an alcohol breath test. He voluntarily submitted to the test, which was administered...

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