Gallion v. Colorado Department of Revenue, Motor Vehicle Division

Opinion by

Judge VOGT.

The Colorado Department of Revenue, Motor Vehicle Division, appeals the district court judgment reversing its revocation of the driver's license of petitioner, Nancy Gal-lion, for refusing to submit to testing as required by the express consent statute. The issue on appeal is whether petitioner validly retracted her initial refusal to submit to such testing. Contrary to the district court's analysis, we agree with the Department that she did not. We therefore reverse and remand for reinstatement of the order of revocation.

I

According to a police report introduced at the…