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SMITH v. DEPARTMENT OF REVENUE

No. 88CA1621.

793 P.2d 611 (1990)

Richard Duane SMITH, Jr., Plaintiff-Appellee, v. DEPARTMENT OF REVENUE OF the STATE OF COLORADO, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 22, 1990.

Certiorari Denied June 25, 1990.

Attorney(s) appearing for the Case

Dickson and Dickson, P.C., Charles B. Dickson, Greeley, for plaintiff-appellee.

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

Opinion by Judge SMITH.

The Department of Revenue (Department) appeals from the district court judgment requiring the Department to restore the driving privileges of plaintiff, Richard Duane Smith, Jr., following the expiration of a period of revocation of his driver's license. We reverse.

On January 21, 1987, plaintiff's driver's license was revoked pursuant to § 42-2-122(1)(g), C.R.S. (1984 Repl.Vol. 17), following his second conviction of an alcohol...

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