(Download) "Charnes V. Boom" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Charnes V. Boom
- Author : Colorado Supreme Court
- Release Date : January 19, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In Boom v. Charnes, 739 P.2d 868 (Colo. App. 1987), the Colorado Court of Appeals affirmed a district court judgment reversing the Department of Revenue's decision to revoke petitioner Leila Boom's driver's license for her refusal to submit to a chemical analysis of her blood for the purpose of determining its alcohol content. The court of appeals concluded that the administrative revocation statute, section 42-2-122.1, 17 C.R.S. (1984), requires that a chemical test for alcohol must be requested within one hour of the alleged driving offense in order to provide a basis for revocation of a driver's license. Because the request in this case occurred after the one-hour period, the court of appeals held that the request could not form the basis for a driver's license revocation pursuant to section 42-2-122.1(1)(a)(II), 17 C.R.S. (1984). We granted certiorari to review this conclusion. We now hold that a request for a chemical test more than one hour after the alleged driving offense but within a reasonable time of that offense will support the revocation of a driver's license for refusal to submit to the test. Accordingly, we reverse the judgment of the court of appeals and remand the case to that court with directions to return it to the Department of Revenue for further proceedings.
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