STAHL v. DEPT. OF REVENUE, MOTOR VEHICLE DIV.

No. 95CA1229.

921 P.2d 74 (1996)

Brian Timothy STAHL, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, STATE OF COLORADO, Unknown Hearing Officer, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

June 13, 1996.


Attorney(s) appearing for the Case

Law Offices of Lawrence A. Wright, Jr., Lawrence A. Wright, Jr., Myka M. Landry, Joel C. Johnson, Kiowa, for Plaintiff-Appellee.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Mark W. Gerganoff, Assistant Attorney General, Denver, for Defendants-Appellants.


Opinion by Judge MARQUEZ.

The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Brian Timothy Stahl, for refusing to submit to testing as required by the express consent statute. We reverse and remand with directions to reinstate the order of revocation.

Following his arrest for driving under the influence of alcohol on September 20, 1994, plaintiff chose to take a blood...

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