Legal Opinion · Dissent
Francen v. Colorado Department of Revenue, Division of Motor Vehicles
Supreme Court of Colorado
Decided June 30, 2014No. Supreme Court Case No. 12SC610Published
1DissentJustice Hood
T33 Consider how the General Assembly reacted to the court of appeals' decision in this case. To correct what the bill sponsor termed the "judicial quagmire" created by that decision, it swiftly amended the license revocation statute to make clear that drivers may challenge the legality of the police's initial contact:
"[A] driver may challenge the validity of the law enforcement officer's initial contact with the driver and the driver's subsequent arrest for DUI, DUI per se, or DWAI. The hearing officer shall consider such issues when a driver raises them as defenses.
See § 42-2-126(8)(h),…
2Cases cited10 opinions
- Zuber v. AllenSupreme Court of the United States · 1970
- Union Pacific Railroad v. MartinSupreme Court of Colorado · 2009
- Board of County Commissioners of the County of San Miguel v. Colorado Public Utilities CommissionSupreme Court of Colorado · 2007
- Nowak v. SuthersSupreme Court of Colorado · 2014
- Marquez v. PeopleSupreme Court of Colorado · 2013
5 more not listed; retrieve them via the Exa API.