ERBE v. COLORADO DEPT. OF REVENUE, MVD

No. 01CA0566.

51 P.3d 1096 (2002)

Cheryl ERBE, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, HEARING SECTION; and Kenneth Wynkoop, Chief Hearing Officer, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

June 20, 2002.


Attorney(s) appearing for the Case

Wollrab and Associates, P.C., James C. Wollrab, Jr., Boulder, Colorado, for Plaintiff-Appellant.

Ken Salazar, Attorney General, Ceri Williams, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.


Opinion by Judge PLANK.

Plaintiff, Cheryl Erbe, appeals from the district court judgment affirming the revocation of her driver's license by the Department of Revenue for refusing to submit to testing as required by the express consent statute. Because we conclude that the Department violated plaintiff's statutory right to counsel in the revocation proceedings under the circumstances here, we reverse and remand for a new revocation hearing.

The record reveals...

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