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FRANCEN v. COLORADO DEPARTMENT OF REVENUE

Supreme Court Case No. 12SC610.

328 P.3d 111 (2014)

2014 CO 54

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

Supreme Court of Colorado.

June 30, 2014.

Attorney(s) appearing for the Case

Attorneys for Petitioner: John Scott , Attorney at Law, LLC John G. Scott , Littleton, Colorado

Attorneys for Respondent: John W. Suthers , Attorney General, Daniel D. Domencio , Solicitor General, Grant T. Sullivan , Assistant Solicitor General, Cathern H. Smith , Assistant Attorney General, Denver, Colorado

En Banc

JUSTICE HOBBS delivered the Opinion of the Court.

¶ 1 The Division of Motor Vehicles, a section of the Colorado Department of Revenue (the "Department"), revoked Tom Francen's driver's license, following a hearing officer's determination that Francen had driven a motor vehicle with a blood alcohol content ("BAC") in excess of the statutory maximum. See § 42-2-126(3)(a)(I), C.R.S. (2011). The district court reversed, holding that the initial stop of...

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