NYE v. STATE, DEPT. OF REVENUE

No. 94CA1543.

902 P.2d 959 (1995)

Dirk S. NYE, Petitioner-Appellee, v. MOTOR VEHICLE DIVISION OF the STATE OF COLORADO, DEPARTMENT OF REVENUE, Respondent-Appellant.

Colorado Court of Appeals, Div. III.

July 13, 1995.


Attorney(s) appearing for the Case

Brian Cook, Englewood, for petitioner-appellee.

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


Opinion by Judge NEY.

The Department of Revenue (Department) appeals from a district court judgment reversing its revocation of the driver's license of plaintiff, Dirk S. Nye. We affirm.

On September 26, 1993, plaintiff was stopped for speeding. The law enforcement officer on the scene suspected plaintiff had been drinking. At the officer's request, plaintiff submitted to a chemical test of his breath.

The police log sheet indicates that plaintiff...

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