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FITZGERALD v. PEOPLE

Supreme Court Case No. 15SC340.

394 P.3d 671 (2017)

2017 CO 26

Daniel FITZGERALD, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado.

April 17, 2017.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Richards Carrington, LLC, Christopher P. Carrington , Denver, Colorado, Foster Graham Milstein & Calisher, LLP, Chip G. Schoneberger , Denver, Colorado.

Attorneys for Respondent: George H. Brauchler , District Attorney, Eighteenth Judicial District, Jennifer Gilbert , Deputy District Attorney, Centennial, Colorado.

Attorneys for Amicus Curiae Colorado Attorney General: Cynthia H. Coffman , Attorney General, Glenn E. Roper , Deputy Solicitor General, L. Andrew Cooper , Deputy Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado District Attorneys' Council: Colorado District Attorneys' Council, Thomas R. Raynes , Executive Director, Denver, Colorado, First Judicial District Attorney's Office, Donna Skinner Reed , Chief Appellate Deputy District Attorney, Golden, Colorado.

Attorneys for Amicus Curiae Mothers Against Drunk Driving (MADD): The Gold Law Firm, L.L.C., Michael J. Rosenberg , Pamela B. Maass , Greenwood Village, Colorado.

En Banc.

¶ 1 Colorado law provides that if a driver is suspected of driving under the influence of alcohol and refuses to take a test to determine the alcohol concentration of his blood or breath, then that refusal can be used as evidence against him at trial. Today, we are asked to decide whether the...

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