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MITCHEK v. DEPT. OF REVENUE

No. 95CA0305.

911 P.2d 715 (1996)

Charles J. MITCHEK, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, State of Colorado, K. Wynkopp, Hearings Officer, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

January 25, 1996.

Attorney(s) appearing for the Case

Stanley A. Brinkley, Lamar, for Plaintiff-Appellant.

Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Clifton D. Hypsher, Assistant Attorney General, Denver, for Defendants-Appellees.

Opinion by Judge NEY.

Plaintiff, Charles J. Mitchek, appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue (Department). We affirm.

Following an administrative hearing, the Department revoked plaintiff's driver's license pursuant to the statute now codified as § 42-2-126, C.R.S. (1995 Cum.Supp.) for refusing to submit to testing as required by the express consent law. The district court...

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