Kenney v. Charnes

ENOCH, Chief Judge.

Defendants appeal the district court judgment reversing the revocation of plaintiff’s driver’s license entered pursuant to § 42-2-122.1, C.R.S. (1984 Repl.Vol. 17). We reverse.

Plaintiff was arrested and charged with driving while under the influence of alcohol. After plaintiff refused to submit to a test to determine the alcohol content of his blood, the arresting officer prepared a notice of revocation and took possession of plaintiff’s driver’s license. Upon plaintiff’s refusal to sign an acknowledgement of receipt of the notice, rather than giving the notice to…