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KIRKE v. COLORADO DEPT. OF REVENUE

No. 84CA1017.

724 P.2d 77 (1986)

Thomas Wesley KIRKE, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 20, 1986.

Certiorari Granted August 25, 1986.

Attorney(s) appearing for the Case

Dworkin and Craw, Jeffrey Dworkin, Colorado Springs, for plaintiff-appellant.

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-appellee.

Certiorari Granted (Dept. of Revenue) August 25, 1986.

METZGER, Judge.

Plaintiff, Thomas Wesley Kirke, appeals a district court judgment affirming the revocation of his driver's license. We reverse and remand with directions that plaintiff's driver's license be reinstated.

During the investigation of a two-car traffic accident, a DUI enforcement officer was called to the accident scene and was informed by an officer already there that plaintiff was...

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