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FALBO v. DEPT. OF REV., MOTOR VEH. DIV.

No. 85CA1382.

738 P.2d 43 (1987)

Carl Eugene FALBO, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

April 9, 1987.

Attorney(s) appearing for the Case

No appearance 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.

HODGES,* Justice.

The Department of Revenue (Department) appeals from a district court judgment which set aside the Department's order revoking Carl Eugene Falbo's driver's license, and remanded this matter to the Department for a hearing concerning notice. We reverse.

On September 5, 1984, plaintiff was arrested for driving under the influence of intoxicating liquor. A breath test revealed an alcohol content of .202 grams of alcohol...

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