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BARONE v. STATE, DEPT. OF REVENUE

No. 85CA1656.

736 P.2d 432 (1987)

Gary S. BARONE, Petitioner-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION; and Alan Charnes, Respondents-Appellants.

Colorado Court of Appeals, Div. IV.

March 26, 1987.

Attorney(s) appearing for the Case

Morton L. Davis, Aurora, for petitioner-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Dan B. Zimmerman, Asst. Atty. Gen., Denver, for respondents-appellants.

HODGES,* Justice.

The Department of Revenue (department) appeals the trial court judgment reversing its revocation of Gary Barone's driver's license for operating a motor vehicle when the alcohol level of his breath was in excess of .15 grams per 210 liters of breath. We reverse.

Aurora Police Officer Fletcher testified at the department hearing that at about 3 a.m. on January 3, 1985, he saw the car driven by Barone carelessly...

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