DAVIS v. CARROLL

No. 88CA1051.

782 P.2d 884 (1989)

Truett DAVIS, Plaintiff-Appellee, v. Rich CARROLL, as a Hearing Examiner for the Colorado Department of Revenue, Motor Vehicle Division; Amelie Buchanan, as Hearing Division Director of the Colorado Department of Revenue, Motor Vehicle Division; and Alan Charnes, as Executive Director of the Colorado Department of Revenue, Defendants-Appellants.

Colorado Court of Appeals, Division 4.

October 19, 1989.


Attorney(s) appearing for the Case

Griffith, Beach & Allin, Otis W. Beach, Fort Collins, for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Antony B. Dyl, Asst. Atty. Gen., Denver, for defendants-appellants.


Opinion by Judge TURSI.

The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Truett Davis. The sole issue on appeal is whether plaintiff refused to submit to a chemical test of his breath or blood within the meaning of the express consent statute. We reverse.

Prior to his arrest for driving under the influence of alcohol, plaintiff took a breath test in the field on a portable breath...

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