Legal Opinion

Nye v. Motor Vehicle Division, Department of Revenue

Colorado Court of Appeals

Decided July 13, 1995No. 94CA1543PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge NEY.

The Department of Revenue (Department) appeals from a district court judgment reversing its revocation of the driver’s license of plaintiff, Dirk S. Nye. We affirm.

On September 26, 1993, plaintiff was stopped for speeding. The law enforcement officer on the scene suspected plaintiff had been drinking. At the officer’s request, plaintiff submitted to a chemical test of his breath.

The police log sheet indicates that plaintiff was given three separate intoxilyzer tests. The third of these tests produced a reading of 0.138 grams of alcohol per 210 liters of breath. Information…

2Cases cited6 opinions

  1. Colorado Department of Revenue v. KirkeSupreme Court of Colorado · 1987
  2. Puncec v. City and County of DenverColorado Court of Appeals · 1970
  3. Alford v. TiptonColorado Court of Appeals · 1991
  4. Miller v. Motor Vehicle Division, Department of RevenueColorado Court of Appeals · 1985
  5. Wunder v. Department of Revenue of the State, Motor Vehicle DivisionColorado Court of Appeals · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Meyer v. State, Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2006
  2. Fallon v. Colorado Department of RevenueColorado Court of Appeals · 2010
  3. Erbe v. Colorado Department of Revenue, Motor Vehicle Division, Hearing SectionColorado Court of Appeals · 2002
  4. Zelenoy v. Colorado Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 2008
  5. Nichols Ex Rel. Nichols v. DeStefanoColorado Court of Appeals · 2003

3 more not listed; retrieve them via the Exa API.

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