Legal Opinion

Brodak v. Visconti

Colorado Court of Appeals

Decided February 22, 2007No. 05CA2235PublishedCited by 13 opinions

1Opinion of the Court

Opinion by

Judge WEBB.

In this dispute over disregard of a driver's request of a breath test for excessive blood alcohol content (BAC), Jeff Visconti, representing the Department of Revenue (Department), appeals from the district court judgment reversing the Department's revocation of the driver's license of plaintiff, Logan J. Brodak. We reverse and remand for reinstatement of the revocation order on the basis that, because plaintiff was receiving medical treatment at a hospital where breath testing was not available, the arresting officer properly required him to take a blood test.

I. Facts

The…

2Cases cited22 opinions

  1. City of Edmonds v. Oxford House, Inc.Supreme Court of the United States · 1995
  2. Commissioner v. ClarkSupreme Court of the United States · 1989
  3. Turbyne v. PeopleSupreme Court of Colorado · 2007
  4. Hendricks v. PeopleSupreme Court of Colorado · 2000
  5. Charnes v. LobatoSupreme Court of Colorado · 1987

17 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Colorado Citizens for Ethics in Government v. Committee for American DreamColorado Court of Appeals · 2008
  2. Baldwin v. HuberColorado Court of Appeals · 2009
  3. Alhilo v. KliemColorado Court of Appeals · 2016
  4. Long v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2012
  5. Clark v. PeopleColorado Court of Appeals · 2009

8 more not listed; retrieve them via the Exa API.

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