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ALFORD v. TIPTON

No. 90CA1792.

822 P.2d 513 (1991)

Judy C. ALFORD, Plaintiff-Appellee, v. John TIPTON, as Executive Director of the Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

November 7, 1991.

Attorney(s) appearing for the Case

No appearance for plaintiff-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Robert C. Ripple, Asst. Atty. Gen., Denver, for defendant-appellant.

Opinion by Judge PLANK.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Judy C. Alford, for refusing to submit to testing as required by the express consent law. We reverse.

The evidence at the revocation hearing established that, on October 20, 1989, plaintiff was the driver of a vehicle involved in a traffic accident. Plaintiff sustained a minor head injury in...

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