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GLASMANN v. STATE, DEPT. OF REVENUE

No. 85CA0136.

719 P.2d 1096 (1986)

Robert Gregory GLASMANN, Jr., Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

April 17, 1986.

Attorney(s) appearing for the Case

Marvin Dansky, P.C., C. James Mathis, Jack LeProwse, Westminster, for plaintiff-appellee.

James F. Smith, Dist. Atty., Michael J. Milne, Deputy Dist. Atty., Brighton, 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.

BABCOCK, Judge.

The Department of Revenue (department) appeals the trial court judgment reversing its revocation of the driver's license of plaintiff, Robert Gregory Glasmann, Jr., for operating a motor vehicle when the alcohol level of his breath was in excess of .15 grams per 210 liters of breath. The department argues that there is substantial evidence, when the record is considered as a whole, to support the hearing officer's determination that the arresting officer...

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