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SHUMATE v. DEPARTMENT OF REVENUE

No. 88CA0962.

781 P.2d 181 (1989)

Randle Gillan SHUMATE, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE of the STATE of COLORADO, MOTOR VEHICLE DIVISION, and Alan Charnes, as Executive Director of the Department of Revenue of the State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

September 14, 1989.

Attorney(s) appearing for the Case

Zane M. Pic, Greeley, 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.

HUME, Judge.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Randle Gillan Shumate. We reverse and remand.

Following plaintiff's arrest for driving under the influence of alcohol, the arresting officer requested plaintiff to submit to a blood or breath test. When plaintiff said that he would take "whichever" test, the arresting officer repeatedly asked him which...

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