Lucero v. Charnes

COYTE, Judge.

The Director of the Department of Revenue appeals the judgment of the district court setting aside the revocation of plaintiff’s license and awarding plaintiff costs. We affirm in part and reverse in part.

Plaintiff, David Lucero, was involved in an automobile accident in which he suffered a head wound for which he was taken to Denver General Hospital for treatment. At the hospital, a Denver police officer requested plaintiff to submit to an alcohol determination test and gave plaintiff an advisement form pursuant to the implied

consent law, § 42-4-1202(3)(b), C.R.S.1973. Plaintiff…