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SMITH v. CHARNES

No. 85SA42.

728 P.2d 1287 (1986)

Robert O. SMITH, Plaintiff-Appellant, v. Alan CHARNES, Executive Director, Department of Revenue, State of Colorado; the Motor Vehicle Division, State of Colorado; and Barbara Stafford, Hearing Officer, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

December 2, 1986.

Attorney(s) appearing for the Case

John S. Tatum, Leonard M. Chesler, The Law Firm of Leonard M. Chesler, Denver, for plaintiff-appellant.

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

DUBOFSKY, Justice.

The plaintiff, Robert O. Smith, appeals from a judgment of the Jefferson County District Court affirming the revocation of his driver's license by the Department of Revenue, Motor Vehicles Division (department) under section 42-2-122.1, 17 C.R.S. (1984).1 The plaintiff argues that insufficient evidence that he drove a vehicle within the meaning of section 42-2-122.1 was presented at the administrative hearing before...

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