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KRESS v. DEPARTMENT OF REVENUE

No. 91CA0513.

834 P.2d 268 (1992)

Kimberly Eugene KRESS, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE OF the STATE OF COLORADO, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

June 18, 1992.

Attorney(s) appearing for the Case

Sonheim, Helm & Less, Phillip A. Less, Arvada, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Joseph Haughain, Asst. Atty. Gen., Denver, for defendant-appellee.

Opinion by Judge ENOCH*.

Plaintiff, Kimberly Eugene Kress, appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue (Department). We reverse.

Following an administrative hearing stemming from an incident in February 1990, the Department revoked plaintiff's driver's license pursuant to § 42-2-122.1, C.R.S. (1984 Repl.Vol. 17), as amended, for driving with an excessive...

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