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COP v. CHARNES

No. 86CA0303.

738 P.2d 1200 (1987)

Edward F. COP, Jr., Plaintiff-Appellee, v. Alan N. CHARNES, Executive Director of the Department of Revenue, Motor Vehicle Division, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Division I.

May 14, 1987.

Attorney(s) appearing for the Case

Marc P. Mishkin, Denver, for plaintiff-appellee.

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

VAN CISE, Judge.

In this driver's license revocation proceeding, the Department of Revenue (department) appeals the judgment entered by the district court in which it ordered reinstatement of Edward F. Cop's driver's license. We reverse.

Following his arrest on December 19, 1984, on charges of careless driving and driving while under the influence of intoxicating liquor, Cop agreed to submit to an intoxilyzer breath test. The test results showed .170 grams...

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