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GALLION v. COLORADO DEPT. OF REVENUE

No. 05CA1054.

155 P.3d 539 (2006)

Nancy GALLION, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

November 2, 2006.

Attorney(s) appearing for the Case

Hammond Law Offices, Kristopher L. Hammond, Steamboat Springs, Colorado, for Plaintiff-Appellee.

John W. Suthers, Attorney General, Ceri Williams, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge VOGT.

The Colorado Department of Revenue, Motor Vehicle Division, appeals the district court judgment reversing its revocation of the driver's license of petitioner, Nancy Gallion, for refusing to submit to testing as required by the express consent statute. The issue on appeal is whether petitioner validly retracted her initial refusal to submit to such testing. Contrary to the district court's analysis, we agree with the Department that she did...

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