Francen v. Colo. Dep't of Revenue

Judge TAUBMAN dissenting.

¶ 47 Because I disagree with the majority that the legality of the initial contact between a driver and the police is not relevant in a civil driver's license revocation proceeding, I respectfully dissent. To the contrary, I would continue to follow Peterson v. Tipton, 833 P.2d 830 (Colo.App.1992), and its progeny, holding that because it is implicit in the statutory scheme, a driver may raise the legality of the initial traffic stop and subsequent arrest at his or her civil driver's license revocation proceeding.

¶ 48 Further, because this is the unusual case in which…