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DAYHOFF v. STATE, MOTOR VEHICLE DIVISION

Nos. 78-907, 78-827.

595 P.2d 1051 (1979)

Roger Edwin DAYHOFF, Plaintiff-Appellee, v. STATE of Colorado, MOTOR VEHICLE DIVISION, Defendant-Appellant. Michael Lee EMMER, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 8, 1979.

Certiorari Granted May 29, 1979.

Attorney(s) appearing for the Case

James J. Kissell, Boulder, for plaintiff-appellee Dayhoff.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Yvette P. Fossum, Asst. Atty. Gen., Denver, for defendant-appellant.

Sara J. Beery, Grand Junction, for plaintiff-appellee Emmer.

ENOCH, Judge.

We have consolidated these two driver's license revocation cases pursuant to C.A.R. 3(b), because they both raise the same issue of law: Do the driver's license revocation provisions of the implied consent law, § 42-4-1202(3), C.R.S.1973, apply to one who was not driving upon a public highway? We hold that they do not.

In No. 78-907, Dayhoff's driving privileges were suspended by the Department of Revenue for refusal to take a chemical sobriety...

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