People v. MacLaren

Opinion by

Judge BOORAS.

The prosecution appeals the dismissal of one count of vehicular assault, section 18-3-205(1)(b)(I), C.R.S.2009, and one count of driving under the influence of alcohol, section 42-4-1801(1)(a), C.R.S.2009, based upon the investigating officer's failure to comply with the requirements of the "express consent" statute, section 42-4-1301.1, C.R.8.2009, and a parallel express consent provision in the vehicular assault statute, section 18-3-205(4)(a), C.R.S.2009. Our jurisdiction is pursuant to section 16-12-102(1), C.R.S8.2009, and CAR. 1 and 4. We affirm in part, vacate in…