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WIESNER v. HUBER

No. 09CA0600.

228 P.3d 973 (2010)

Paul WIESNER, Plaintiff-Appellant, v. Roxy HUBER, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

March 4, 2010.

Attorney(s) appearing for the Case

Law Firm of Dineen Deel, Dineen T. Deel, Robert T. Bettenberg, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Ana C. Bowman, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge ROMÁN.

Petitioner, Paul Wiesner, appeals a district court order affirming the three-month suspension of his driver's license and the finding that he was a "persistent drunk driver" by the Colorado Department of Revenue, Motor Vehicle Division (the Department). We agree with petitioner that the presumption of accuracy denoted in former section 42-2-126(9)(c)(II) (now codified with amendments at section 42-2-126(8)(e)(II), C.R.S.2009), did not...

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