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DAVIS v. CHARNES

No. 86CA0645.

740 P.2d 534 (1987)

Martha DAVIS, Plaintiff-Appellee, v. Alan CHARNES, Director of Motor Vehicle Division, Department of Revenue, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

June 11, 1987.

Attorney(s) appearing for the Case

Robert M. Moyers, P.C., Robert S. Fisher, Colorado Springs, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eric V. Field, Asst. Atty. Gen., Denver, for defendant-appellant.

BABCOCK, Judge.

The Department of Revenue appeals the district court judgment reinstating the driver's license of plaintiff, Martha Davis. We reverse.

Plaintiff was stopped for erratic driving. The arresting officer noticed signs that plaintiff was intoxicated and asked her to perform roadside sobriety tests. Plaintiff declined and requested an intoxilyzer breath test instead. The test results showed 0.157 grams of alcohol per 210 liters of breath, and a test...

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