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PIERSON v. COLORADO DEPT. OF REVENUE

No. 95CA1604.

923 P.2d 371 (1996)

Michael Eugene PIERSON, Petitioner-Appellant, v. COLORADO DEPARTMENT OF REVENUE, MOTOR VEHICLE DIVISION, Respondent-Appellee.

Colorado Court of Appeals, Div. III.

July 11, 1996.

Attorney(s) appearing for the Case

James A. Reed, P.C., James A. Reed, Colorado Springs, for Petitioner-Appellant.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Mark W. Gerganoff, Assistant Attorney General, Denver, for Respondent-Appellee.

Opinion by Chief Judge STERNBERG.

The driver's license of petitioner, Michael Eugene Pierson, was revoked by the Department of Revenue for refusing to submit to testing as required by the express consent statute. On review of that revocation, the district court affirmed and petitioner appeals. We conclude that, as a matter of law, there was no "refusal" by petitioner to submit to alcohol testing. Therefore, we reverse and remand with directions to set aside the order...

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