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HIBBS v. COLORADO DEPT. OF REVENUE

No. 03CA1369.

107 P.3d 1061 (2004)

Terry Lee HIBBS, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Certiorari Granted February 28, 2005.

Attorney(s) appearing for the Case

Law Office of Pete Cordova, P.C., Pete Cordova, M. Stuart Anderson, Salida, Colorado, for Plaintiff-Appellee.

Ken Salazar, Attorney General, Ceri Williams, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant.

KAPELKE, J.

In this driver's license revocation case, the Colorado Department of Revenue (the Department) appeals a district court order reversing a hearing officer's order revoking the commercial driver's license of Terry L. Hibbs. We affirm.

On December 4, 2002, a police officer saw Hibbs drive his truck through a red light. After stopping the truck, the police officer noticed that Hibbs appeared to be intoxicated. The results of a breath test showed that...

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