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FALLON v. COLORADO DEPT. OF REVENUE

No. 08CA2554.

250 P.3d 691 (2010)

Kevin FALLON, Petitioner-Appellee and Cross-Appellant, v. COLORADO DEPARTMENT OF REVENUE, Respondent-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. A.

March 18, 2010.

Attorney(s) appearing for the Case

Michael T. Kossen, P.C., Michael T. Kossen , Castle Rock, Colorado, for Petitioner-Appellee and Cross-Appellant.

John W. Suthers , Attorney General, Robert H. Dodd, Jr. , Assistant Attorney General, Denver, Colorado, for Respondent-Appellant and Cross-Appellee.

Opinion by Chief Judge DAVIDSON.

Respondent, Colorado Department of Revenue (the Department), appeals from the district court judgment reversing the Department's revocation of the driver's license of petitioner, Kevin Fallon, under section 42-2-126, C.R.S.2009, for refusing to submit to testing as required by the express consent statute, section 42-4-1301.1, C.R.S.2009. The district court reversed on the ground that the Department erred in refusing to issue a subpoena...

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