Legal Opinion
Wiesner v. Huber
Colorado Court of Appeals
Decided March 4, 2010No. 09CA0600PublishedCited by 7 opinions
1Opinion of the Court
Opinion by
Judge ROMAN.
Petitioner, Paul Wiesner, appeals a district court order affirming the three-month suspension of his driver's license and the finding that he was a "persistent drunk driver" by the Colorado Department of Revenue, Motor Vehicle Division (the Department). We agree with petitioner that the presumption of accuracy denoted in former section 42-2-126(Q)(c){II) (now codified with amendments at section 42-2-126(8)(e)(I1), C.R.8.2009), did not apply to "persistent drunk driver" determinations. Accordingly, we reverse and remand.
I. Background
On March 7, 2008, petitioner was pulled…
2Cases cited6 opinions
- Charnes v. RobinsonSupreme Court of Colorado · 1989
- Gallion v. Colorado Department of RevenueSupreme Court of Colorado · 2007
- Barnes v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2000
- Shafron v. CookeColorado Court of Appeals · 2008
- Gallion v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2006
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bedee v. American Medical Response of ColoradoColorado Court of Appeals · 2015
- Roalstad v. City of Lafayette, ColoradoColorado Court of Appeals · 2015
- Colorado Ethics Watch v. Clear the Bench ColoradoColorado Court of Appeals · 2012
- Curtiss v. PeopleColorado Court of Appeals · 2014
- Garcia v. HuberColorado Court of Appeals · 2010
2 more not listed; retrieve them via the Exa API.