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FRANCEN v. COLORADO DEPT. OF REVENUE

No. 10CA2382.

411 P.3d 693 (2012)

2012 COA 110

Tom FRANCEN, Petitioner-Appellee, v. COLORADO DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, Respondent-Appellant.

Colorado Court of Appeals, Div. I.

July 5, 2012.

Attorney(s) appearing for the Case

John G. Scott, LLC, John G. Scott , Littleton, Colorado, for Petitioner-Appellee.

John W. Suthers , Attorney General, Cathern H. Smith , Assistant Attorney General, Denver, Colorado, for Respondent-Appellant.

¶ 1 Respondent, the Colorado Department of Revenue (Department), revoked the driver's license of petitioner, Tom Francen, based upon a determination that he had driven a motor vehicle with a legally excessive breath alcohol content. The district court reversed the revocation order because, it found, the initial stop...

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