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LAHEY v. DEPARTMENT OF REVENUE

No. 93CA1521.

881 P.2d 458 (1994)

Timothy Michael LAHEY, II, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE OF the STATE OF COLORADO, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 18, 1994.

Attorney(s) appearing for the Case

Scheitler & Elio, P.C., Frank I. Scheitler, Denver, for plaintiff-appellant.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Thomas D. Fears, Asst. Atty. Gen., Denver, for defendant-appellee.

Opinion by Judge TAUBMAN.

Plaintiff, Timothy Michael Lahey, II, appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue (Department) for refusing to submit to testing as required by the express consent statute. Because the arresting officer permitted plaintiff to change the type of test he wished to take in violation of the applicable statutory requirements, we conclude that plaintiff did not "refuse"...

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