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BRADT v. CO. DEPT. OF REV., MOTOR VEH. DIV.

No. 06CA0909.

178 P.3d 1250 (2007)

Lynda Dianne BRADT, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

November 15, 2007.

Attorney(s) appearing for the Case

Bruce W. Sarbaugh, Boulder, Colorado, for Plaintiff-Appellee.

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

Opinion by Judge ROMÁN.

The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Lynda Dianne Bradt, for driving with an excessive breath alcohol content (BAC). Although the arresting officer improperly permitted plaintiff to take a breath test after she had initially chosen and then refused to take a blood test, we conclude that the arresting officer's statutory violation in this regard...

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