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HAMPE v. TIPTON

No. 94CA0399.

899 P.2d 325 (1995)

Robert Keith HAMPE, Petitioner-Appellee, v. John TIPTON, Executive Director, Department of Revenue, State of Colorado; Motor Vehicle Division, State of Colorado; and Art Julian, Hearing Officer, Respondents-Appellants.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing June 22, 1995.

Attorney(s) appearing for the Case

Bader & Villanueva, P.C., Steven M. Feder, Denver, for petitioner-appellee.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mark W. Gerganoff, Asst. Atty. Gen., Denver, for respondents-appellants.

Opinion by Judge BRIGGS.

The Department of Revenue appeals from the trial court judgment reversing its revocation of the driver's license of petitioner, Robert Keith Hampe, for driving with an excessive blood alcohol content. We reverse and remand the cause to the trial court for reinstatement of the administrative order.

After midnight on June 9, 1993, an Arapahoe County sheriff's deputy responded to a call to assist another officer who had stopped a vehicle...

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