(Download) "People V. Lessar" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: People V. Lessar
- Author : Colorado Supreme Court
- Release Date : January 18, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
We granted certiorari to review a judgment of the district court of Huerfano County reversing a county court conviction for driving while license denied, as proscribed by section 42-2-130(1)(a), C.R.S. 1973 (1980 Supp.). Pursuant to the implied consent statute, section 42-4-1202(3)(e), C.R.S. 1973 (1980 Supp.), the Motor Vehicle Division, Department of Revenue (department), entered a three month order of denial against Frank Lessar (defendant) for his refusal to submit to a chemical test. The order provided that the denial would remain in effect until the defendant complied with certain conditions for licensing recited in the order. The district court held that the order of denial expired at the conclusion of the three month period and, even though the defendant thereafter had not obtained a driver's license and complied with the other conditions of the denial order, he nevertheless was not driving "under denial" on the date of the offense. The court also held that the prosecution's evidence failed to establish the defendant was ever served with notice of the implied consent hearing resulting in the order of denial. We reverse the judgment of the district court and remand with directions.
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