Legal Opinion
People v. Shinaut
Supreme Court of Colorado
Decided June 30, 1997No. 96SC296PublishedCited by 28 opinions
1Opinion of the CourtJustice Hobbs
This appeal, 1 brought pursuant to C.A.R. 49, arises out of the county court’s suppres sion of James Shinaut’s (Shinaut) blood test results for non-compliance by a Colorado State Trooper with the provisions of section 42-4-1202(3)(a)(II), 17 C.R.S. (1993) (the express consent law). 2 The officer allowed Shi-naut to change his election from a breath test to a blood test. Both the county court and the district court ruled that the express consent law specifically prohibits a change in the selected test. We agree that the statute is mandatory; but, the blood test results were improperly…
2Cases cited10 opinions
- People v. District Court, Second Judicial DistrictSupreme Court of Colorado · 1986
- Colorado Ground Water Commission v. Eagle Peak Farms, Ltd.Supreme Court of Colorado · 1996
- Brewer v. Motor Vehicle Division, Department of RevenueSupreme Court of Colorado · 1986
- Zahtila v. Motor Vehicle Div., Dept. of Rev.Colorado Court of Appeals · 1977
- City & County of Denver v. TaylorSupreme Court of Colorado · 1930
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3Cited by28 opinions
- Turbyne v. PeopleSupreme Court of Colorado · 2007
- People v. NullSupreme Court of Colorado · 2010
- People v. ShreckColorado Court of Appeals · 2004
- People v. MandezColorado Court of Appeals · 1999
- Riley v. PeopleSupreme Court of Colorado · 2004
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