HERMAN v. DEPT. OF REVENUE

No. 93CA0136.

870 P.2d 628 (1994)

Adam I. HERMAN, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE OF the STATE OF COLORADO, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

February 10, 1994.


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., Thomas D. Fears, Asst. Atty. Gen., Denver, for defendant-appellant.


Opinion by Judge NEY.

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

Two police officers were involved in plaintiff's arrest for driving under the influence of alcohol. Thereafter, one of them prepared, signed, and forwarded to the Department the necessary documentation...

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