Legal Opinion
Gilbert v. Julian
Colorado Court of Appeals
Decided October 1, 2009No. 09CA0020PublishedCited by 4 opinions
1Opinion of the Court
Opinion by
Chief Judge DAVIDSON.
Plaintiff, Christian Gilbert (licensee), appeals from the district court judgment affirming the revocation of his driver’s license by the Department of Revenue (Department) for driving with an excessive breath alcohol content (BAC). Because we conclude that the record shows the Department improperly denied licensee’s request for a subpoena for the records concerning the functioning of the intoxilyzer used for his breath test, we reverse and remand for a new revocation hearing after the issuance of the subpoena requested.
I. Factual and Procedural Background
After…
2Cases cited7 opinions
- Colorado Department of Revenue v. KirkeSupreme Court of Colorado · 1987
- Nefzger v. Colorado Department of Revenue, Motor Vehicle DivisionSupreme Court of Colorado · 1987
- Barnes v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2000
- Meyer v. State, Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2006
- Nye v. Motor Vehicle Division, Department of RevenueColorado Court of Appeals · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fallon v. Colorado Department of RevenueColorado Court of Appeals · 2010
- Long v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2012
- Schulte v. Colorado Department of RevenueColorado Court of Appeals · 2018
- Hanson v. Colo. Dep't of Revenue, Motor Vehicle Div.Colorado Court of Appeals · 2012