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GARCIA v. HUBER

No. 09CA1660.

252 P.3d 486 (2010)

John GARCIA, 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. IV.

November 24, 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, Cathern H. Smith , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge CARPARELLI.

Plaintiff, John Garcia (driver), appeals the district court judgment affirming the finding by the Colorado Department of Revenue, Motor Vehicle Division (the Department), that, based on the Department's test result indicating his blood alcohol content was more than 0. 17, he is a "persistent drunk driver" under section 42-1-102(68.5), C.R.S.2010. Section 42-2-126(8)(e)(II), C.R.S.2010, establishes a presumption favoring the accuracy of...

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