FRANK v. CHARNES

No. 79CA0488.

600 P.2d 124 (1979)

Joseph Peter FRANK, Plaintiff-Appellee, v. Alan CHARNES, as Director of the Department of Revenue and Motor Vehicle Division, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

September 6, 1979.


Attorney(s) appearing for the Case

Al R. Zinn, Denver, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sp. Asst. Atty. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for defendant-appellant.


RULAND, Judge.

The Department of Revenue appeals from a judgment setting aside its order revoking the driver's license of plaintiff, Joseph Peter Frank, for his refusal to submit to a chemical test pursuant to the implied consent law. We reverse.

The revocation hearing originally scheduled in this case was continued at the request of Frank's attorney. On the date of the rescheduled hearing, the attorney failed to appear at the appointed time. No reason was...

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