Legal Opinion

Davis v. Charnes

Colorado Court of Appeals

Decided June 11, 1987No. 86CA0645PublishedCited by 1 opinion

1Opinion of the Court

BABCOCK, Judge.

The Department of Revenue appeals the district court judgment reinstating the driver’s license of plaintiff, Martha Davis. We reverse.

Plaintiff was stopped for erratic driving. The arresting officer noticed signs that plaintiff was intoxicated and asked her to perform roadside sobriety tests. Plaintiff declined and requested an intoxilyzer breath test instead. The test results showed 0.157 grams of alcohol per 210 liters of breath, and a test sample was preserved.

At the license revocation hearing, plaintiffs expert testified that she had analyzed the preserved sample by the gas…

2Cases cited4 opinions

  1. Aultman v. Motor Vehicle Division, Department of RevenueColorado Court of Appeals · 1985
  2. Creech v. STATE, DEPT. OF REV., MOTOR VEHICLE DIV.Supreme Court of Colorado · 1976
  3. Schocke v. State, Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1986
  4. Marek v. State, Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1985

3Cited by1 opinion

  1. Scherr v. Colorado Department of RevenueColorado Court of Appeals · 2002

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