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RILEY v. PEOPLE

No. 03SC804.

104 P.3d 218 (2004)

Andrew RILEY, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

December 20, 2004.

Attorney(s) appearing for the Case

Christopher C. Beasley, Denver, for Petitioner.

James J. Peters, District Attorney, Paul R. Wolff, Chief Deputy District Attorney, Centennial, for Respondent.

KOURLIS, Justice.

In this case, the defendant was pulled over by an Arapahoe County Sheriff's Officer for failure to stop at a stop sign. The arresting officer suspected that he was driving under the influence of alcohol and requested testing — thereby invoking Colorado's "express consent" law under section 42-4-1301(7), 11 C.R.S. (2000). The express consent law provides that anyone who drives on the streets and highways of Colorado is deemed to have consented...

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