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COLORADO DEPT. OF REVENUE v. GARNER

No. 02SC235.

66 P.3d 106 (2003)

COLORADO DEPARTMENT OF REVENUE, Petitioner, v. Jake A. GARNER, Respondent.

Supreme Court of Colorado, En Banc.

March 24, 2003.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Revenue Unit, Business and Licensing Section, Denver, Colorado, Attorneys for Petitioner.

Larry A. Garner, Golden, Colorado, Attorney for Respondent.

Justice HOBBS delivered the Opinion of the Court.

The court of appeals construed section 42-2-138(3), 11 C.R.S. (2002),1 to prohibit the Colorado Department of Revenue (Department) from revoking the license of a driver who drove while his license was under restraint. The court of appeals required, as a condition for extension or renewal of revocation, that the driver be actually convicted of another driving offense or violation. See...

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