DYE v. CHARNES

No. 86CA1403.

757 P.2d 1162 (1988)

James A. DYE, Petitioner-Appellee, v. Alan N. CHARNES, or his successor, as Executive Director of the Department of Revenue of the State of Colorado, and Frank A. Mansheim, Jr., or his successor, as Director of the Motor Vehicle Division, Department of Revenue of the State of Colorado, Respondents-Appellants.

Colorado Court of Appeals, Div. I.

June 30, 1988.


Attorney(s) appearing for the Case

Kent F. Williamson, P.C., Kent F. Williamson, Cortez, for petitioner-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 respondents-appellants.


TURSI, Judge.

The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of petitioner, James A. Dye. We reverse.

At the revocation hearing, the arresting officer testified that a sample of petitioner's blood was drawn by "one of the nurses" at the hospital. The arresting officer was unable to identify the particular nurse who drew the blood, or to provide any further evidence regarding the nurse's qualifications...

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