Legal Opinion
Motor Vehicle Division, Department of Revenue v. Warman
Supreme Court of Colorado
Decided October 31, 1988No. 87SC288PublishedCited by 5 opinions
1Opinion of the Court
QUINN, Chief Justice.
In Warman v. Department of Revenue, 745 P.2d 270 (Colo.App.1987), the court of appeals, in affirming a district court judgment that Herschel E. Warman should not lose his license for refusal to submit to chemical tests, held that Warman was not driving for purposes of the “express consent” statute, § 42-4-1202(3)(a)(I) and (II), 17 C.R.S. (1984), when he was seated, asleep or passed out, directly behind the steering wheel in the driver’s seat of a motor vehicle parked in the parking lot of a convenience store with its motor running and its parking lights on. We granted…
2Cases cited8 opinions
- Brewer v. Motor Vehicle Division, Department of RevenueSupreme Court of Colorado · 1986
- City of Kansas City v. TroutnerMissouri Court of Appeals · 1976
- Smith v. CharnesSupreme Court of Colorado · 1986
- State, Motor Vehicle Div. v. DayhoffSupreme Court of Colorado · 1980
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. SwainSupreme Court of Colorado · 1998
- People v. GregorColorado Court of Appeals · 2000
- Caple v. Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1990
- People v. WoodColorado Court of Appeals · 1988
- People v. SwainSupreme Court of Colorado · 1998