SEDLMAYER v. CHARNES

No. 86CA1690.

767 P.2d 754 (1988)

John SEDLMAYER, Plaintiff-Appellee, v. Alan CHARNES, Director of Department of Revenue, and Division of Motor Vehicles, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 8, 1988.

Certiorari Denied January 17, 1989.


Attorney(s) appearing for the Case

Valjean H. McCurdy, Casey P. Tighe, Arvada, 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 defendants-appellants.


TURSI, Judge.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, John Sedlmayer. The sole issue on appeal is whether plaintiff "refused" to submit to a breath test to determine his blood-alcohol level. We affirm.

On November 29, 1985, plaintiff was arrested for driving under the influence of alcohol at the scene of a minor accident, and was transported to a police station...

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