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BRODAK v. VISCONTI

No. 05CA2235.

165 P.3d 896 (2007)

Logan J. BRODAK, Plaintiff-Appellee, v. Jeff VISCONTI, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied May 17, 2007.

Attorney(s) appearing for the Case

Dickie D. Lewis, Grand Junction, Colorado, for Plaintiff-Appellee.

John W. Suthers, Attorney General, Ceri Williams, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

In this dispute over disregard of a driver's request of a breath test for excessive blood alcohol content (BAC), Jeff Visconti, representing the Department of Revenue (Department), appeals from the district court judgment reversing the Department's revocation of the driver's license of plaintiff, Logan J. Brodak. We reverse and remand for reinstatement of the revocation order on the basis that, because plaintiff was receiving medical treatment...

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