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COLORADO DEPT. OF REVENUE v. GARNER

No. 01CA0259.

53 P.3d 763 (2002)

COLORADO DEPARTMENT OF REVENUE, Appellant, v. Jake A. GARNER, Appellee.

Colorado Court of Appeals, Div. I.

Certiorari Granted September 9, 2002.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Denver, Colorado, for Appellant.

Larry A. Garner, Golden, Colorado, for Appellee.

Opinion by Judge METZGER.

In this driver's license revocation case, the Department of Revenue appeals the district court's judgment entered in favor of appellee, Jake A. Garner. The Department had revoked Garner's driver's license for driving under restraint pursuant to § 42-2-138(3), C.R.S.2001, and the district court set aside the revocation order on judicial review. We affirm.

The relevant facts are not in dispute. On June 14, 2000, Garner was arrested...

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