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Legal Opinion

Rowland v. Dep't of Revenue

Colorado Court of Appeals

Decided March 10, 2016No. Court of Appeals No. 15CA0109Published

1Opinion of the Court

Opinion by JUDGE BERGER

¶ 1 Plaintiff, Brian Rowland, appeals from the district court's judgment affirming the revocation of his driver's license by the Department of Revenue (department) for "driving with an excessive amount of alcohol in his ... body" in violation of section 42-2-126, C.R.S. 2015. Because we conclude that the hearing officer improperly admitted an unsworn report of Rowland's blood alcohol content, we reverse the district court's judgment and remand for further proceedings.

I. Relevant Facts and Procedural History

¶ 2 A police officer pulled Rowland over after she saw him…

2Cases cited15 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  3. Hinojos-Mendoza v. PeopleSupreme Court of Colorado · 2007
  4. Bostelman v. PeopleSupreme Court of Colorado · 2007
  5. Pueblo Bancorporation v. Lindoe, Inc.Supreme Court of Colorado · 2003

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