Legal Opinion

Colorado Department of Revenue v. Garner

Supreme Court of Colorado

Decided March 24, 2003No. 02SC235PublishedCited by 16 opinions

1Opinion of the CourtJustice Hobbs

The court of appeals construed section 42-2-188(8), 11 C.R.S. (2002), 1 to prohibit the Colorado Department of Revenue (Department) from revoking the license of a driver who drove while his license was under restraint. The court of appeals required, as a condition for extension or renewal of revocation, that the driver be actually convicted of another driving offense or violation. See Colo. Dep't of Revenue v. Garner, 53 P.3d 763, 764 (Colo.App.2002). The Department contends that (1) commission of an "offense" is required, not a "conviction," (2) the offense may be the act of driving while…

2Cases cited7 opinions

  1. Leonard v. McMorrisSupreme Court of Colorado · 2003
  2. Deutschendorf v. PeopleSupreme Court of Colorado · 1996
  3. Douglas County Board of Equalization v. ClarkeSupreme Court of Colorado · 1996
  4. Telluride Resort & Spa, L.P. v. Colorado Department of RevenueSupreme Court of Colorado · 2002
  5. Lathe v. State, Department of Revenue, Motor Vehicle DivisionColorado Court of Appeals · 1984

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

3Cited by16 opinions

  1. Freedom Colorado Information, Inc. v. El Paso County Sheriff's DepartmentSupreme Court of Colorado · 2008
  2. Crandall v. City & County of DenverSupreme Court of Colorado · 2010
  3. People Ex Rel. J.R.T. v. MartinezSupreme Court of Colorado · 2003
  4. Board of County Commissioners of the County of San Miguel v. Colorado Public Utilities CommissionSupreme Court of Colorado · 2007
  5. Fitzgerald v. PeopleSupreme Court of Colorado · 2017

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

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