Legal Opinion
Department of Revenue, Division of Motor Vehicles v. Rowland
Supreme Court of Colorado
Decided January 8, 2018No. Supreme Court Case No. 16SC303PublishedCited by 1 opinion
1Opinion of the CourtChief Justice Rice
¶1 This case requires us to interpret section 42-2-126(8)(c), C.R.S. (2017), which provides that in driver’s license revocation proceedings, a hearing officer “may consider evidence contained in affidavits,” so long as those affidavits are sworn to under penalty of perjury. After RespondenVCross-Petitioner Brian Rowland was cited for drunk driving, he argued at his license revocation hearing that section 42-2-126(8)(e) barred the hearing officer from considering an analyst’s report on his blood alcohol content (“BAC”) because the report was an affidavit and the analyst had not signed it under…
2Cases cited9 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Colorado Department of Revenue v. KirkeSupreme Court of Colorado · 1987
- Hancock v. State, Department of Revenue, Motor Vehicle DivisionSupreme Court of Colorado · 1988
- Francen v. Colorado Department of Revenue, Division of Motor VehiclesSupreme Court of Colorado · 2014
- Otani v. District Court Ex Rel. Twenty-First Judicial DistrictSupreme Court of Colorado · 1983
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3Cited by1 opinion
- Department of Revenue, Division of Motor Vehicles v. RowlandSupreme Court of Colorado · 2018