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BATH v. DEPARTMENT OF REVENUE

No. 86CA1670.

762 P.2d 767 (1988)

Alfred Wayne BATH, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE OF the STATE OF COLORADO, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. VII.

September 8, 1988.

Attorney(s) appearing for the Case

Hammond, Clark & White, Gregory A. White, Jennifer J. Stocker, Loveland, 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.

PIERCE, Judge.

The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Alfred Wayne Bath. We reverse.

The evidence at the revocation hearing established the time that plaintiff was driving as 12:04 a.m. on April 14, 1986. Following his arrest for driving under the influence of alcohol, plaintiff took an intoxilyzer test of his breath at 1:04 a.m. that same day. Based on the test results...

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