MOTOR VEHICLE DIV., DEPT. OF REVENUE v. WARMAN

No. 87SC288.

763 P.2d 558 (1988)

MOTOR VEHICLE DIVISION, DEPARTMENT OF REVENUE, State of Colorado, Petitioner, v. Herschel E. WARMAN, Respondent.

Supreme Court of Colorado, En Banc.

October 31, 1988.


Attorney(s) appearing for the Case

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

Chris Melonakis, Northglenn, for respondent.


QUINN, Chief Justice.

In Warman v. Department of Revenue, 745 P.2d 270 (Colo.App.1987), the court of appeals, in affirming a district court judgment that Herschel E. Warman should not lose his license for refusal to submit to chemical tests, held that Warman was not driving for purposes of the "express consent" statute, § 42-4-1202(3)(a)(I) and (II), 17 C.R.S. (1984), when he was seated, asleep or passed out, directly...

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