Sheldon v. Colorado Department of Revenue

PIERCE, Judge.

The Department of Revenue appeals the district court judgment reversing the revocation of the driver’s license of plaintiff, Phillip Sheldon. We reverse.

In October 1984, a D.U.I. (enforcement) police officer was called to the scene of a traffic stop by a fellow policeman. Upon arriving at the scene, the enforcement officer was informed by his fellow officer that plaintiff had been driving erratically. The enforcement officer then watched plaintiff exit the car from the driver’s seat and requested him to submit to a roadside sobriety test. After failing that test, plaintiff was…