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PEOPLE v. MACLAREN

No. 10CA0079.

251 P.3d 578 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gregg Alan MACLAREN, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

September 2, 2010.

Attorney(s) appearing for the Case

Martin C. Beeson , District Attorney, Jonathan Potosky , Deputy District Attorney, Glenwood Springs, Colorado, for Plaintiff-Appellant.

Douglas K. Wilson , Colorado State Public Defender, Stephen B. McCrohan , Deputy State Public Defender, Glenwood Springs, Colorado, for Defendant-Appellee.

Opinion by Judge BOORAS.

The prosecution appeals the dismissal of one count of vehicular assault, section 18-3-205(1)(b)(I), C.R.S.2009, and one count of driving under the influence of alcohol, section 42-4-1301(1)(a), C.R.S.2009, based upon the investigating officer's failure to comply with the requirements of the "express consent" statute, section 42-4-1301.1, C.R.S.2009, and a parallel express consent provision in the vehicular assault statute, section 18-3-205...

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