AUGUSTINO v. COLORADO

No. 27066.

565 P.2d 933 (1977)

Sebastian Salvatore AUGUSTINO, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF REVENUE MOTOR VEHICLE DIVISION, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 6, 1977.


Attorney(s) appearing for the Case

Dan Stormer, La Junta, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Solicitor Gen., Arthur G. Staliwe, Sp. Asst. Atty. Gen., Denver, for defendant-appellee.

EN BANC.


KELLEY, Justice.

The appellant appeals the decision of the district court affirming the revocation of his driver's license under the Colorado implied consent law, section 42-4-1202, C.R.S.1973. He bases his appeal on the grounds that: (1) he did not knowingly refuse to take an intoxication test and (2) section 42-4-1202(3)(e) violates his right to equal protection. We find his arguments to be without merit and therefore affirm.

The appellant was arrested in...

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