GILBERT v. JULIAN

No. 09CA0020.

230 P.3d 1218 (2009)

Christian GILBERT, Plaintiff-Appellant, v. Arthur JULIAN, Assistant Chief Hearing Officer; Andrew Stone, Hearing Officer; and Roxy Huber, Executive Director of the Colorado Department of Revenue, Division of Motor Vehicles, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

Rehearing Denied November 19, 2009.


Attorney(s) appearing for the Case

Gary F. Pirosko, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Brendon C. Reese, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.


Opinion by Chief Judge DAVIDSON.

Plaintiff, Christian Gilbert (licensee), appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue (Department) for driving with an excessive breath alcohol content (BAC). Because we conclude that the record shows the Department improperly denied licensee's request for a subpoena for the records concerning the functioning of the intoxilyzer used for his breath test, we reverse...

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