Kirke v. Colorado Department of Revenue, Motor Vehicle Division

METZGER, Judge.

Plaintiff, Thomas Wesley Kirke, appeals a district court judgment affirming the revocation of his driver's license. We reverse and remand with directions that plaintiff’s driver’s license be reinstated.

During the investigation of a two-car traffic accident, a DUI enforcement officer was called to the accident scene and was informed by an officer already there that plaintiff was the driver of one of the vehicles involved in the accident. There is nothing in the record which would indicate how the officer obtained this information, nor is there any other evidence in the record…