Warman v. Motor Vehicle Division, Department of Revenue

VAN CISE, Judge.

The Department of Revenue (department appeals from a judgment of the district court reversing the department’s revocation of Herschel E. Warman’s driver’s license. We affirm.

At 11:45 p.m. on March 4, 1985, two Westminster police officers were dispatched to the parking area in front of a convenience store. Two drinking establishments were in the immediate vicinity. The officers found Warman unconscious or asleep behind the steering wheel of his parked automobile. The engine was running and the parking lights were on. Neither officer observed Warman’s vehicle move. One officer…