Legal Opinion · Dissent
Gallion v. Colorado Department of Revenue, Motor Vehicle Division
Colorado Court of Appeals
Decided November 2, 2006No. 05CA1054Published
1Dissent
Judge TAUBMAN
dissenting.
Because I believe the plain language, statutory structure, and implementing regulations of the express consent law do not impose a requirement that a person arrested for driving under the influence of alcohol recant a refusal to take a blood or breath test in the presence of the arresting officer, I dissent. I would affirm the trial court's ruling that petitioner, Nancy Gallion, validly retracted her initial refusal to take a blood or breath test after she was arrested for driving under the influence.
On September 8, 2004 at 11:46 pm., a police officer stopped Gallion…
2Cases cited9 opinions
- Davison v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 2004
- Board of County Commissioners, Costilla County v. Costilla County Conservancy DistrictSupreme Court of Colorado · 2004
- Tompkins v. DeLeonSupreme Court of Colorado · 1979
- Schlessinger v. Schlessinger Ex Rel. SchlessingerSupreme Court of Colorado · 1990
- Zahtila v. Motor Vehicle Div., Dept. of Rev.Colorado Court of Appeals · 1977
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