driver challenge in Colorado

7 Colorado opinions name it 2 courts 1978–2012 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

Case	Followed	Cited
People v. Kruegergreen illappct · 1991 · cited in 1 Colorado opinions naming this issue, 2012–2012 2 sentences 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo	1	1
Baldwin v. Hubergreen coloctapp · 2009 · cited in 1 Colorado opinions naming this issue, 2012–2012 1 sentence 2012See Baldwin, 223 P.3d at 152 (licensee may properly raise issues concerning legality of initial investigatory stop).	1	1
Wallace v. Department of Revenuegreen coloctapp · 1989 · cited in 1 Colorado opinions naming this issue, 2012–2012 2 sentences 2012Sanger v. Colo. Dep't of Revenue, 736 P.2d 431 , 432 (Colo.App.1987) ; see also Nefzger v. Dep't of Revenue, 739 P.2d 224 , 229 (Colo.1987) (addressing a driver's challenge to the legality of the initial stop); Wallace v. Dep't of Revenue, 787 P.2d 181 , 182 (Colo.App.1989). ¶ 15 In 1989, the General Assembly repealed and re-enacted subsection 42-2-122.1(2), with substantial amendments, and substantially amended the express consent statute. 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo	1	1
Nefzger v. Colorado Department of Revenue, Motor Vehicle Divisiongreen colo · 1987 · cited in 1 Colorado opinions naming this issue, 2012–2012 1 sentence 2012Sanger v. Colo. Dep't of Revenue, 736 P.2d 431 , 432 (Colo.App.1987) ; see also Nefzger v. Dep't of Revenue, 739 P.2d 224 , 229 (Colo.1987) (addressing a driver's challenge to the legality of the initial stop); Wallace v. Dep't of Revenue, 787 P.2d 181 , 182 (Colo.App.1989). ¶ 15 In 1989, the General Assembly repealed and re-enacted subsection 42-2-122.1(2), with substantial amendments, and substantially amended the express consent statute.	1	1
Carruthers v. Carrier Access Corp.green coloctapp · 2010 · cited in 1 Colorado opinions naming this issue, 2012–2012 1 sentence 2012It is fundamental, however, that a court may not "create an addition to a statute that the plain language does not suggest or demand." Spahmer, 113 P.3d at 162 ; accord Carruthers *699 v. Carrier Access Corp., 251 P.3d 1199 , 1204 (Colo.App.2010). ¶ 25 We see nothing in the plain language of sections 42-2-126 and 42-4-1301.1 that suggests or demands the conclusion that the lawfulness of the initial contact is a relevant circumstance in the revocation process.	1	1
Riley v. Peoplegreen colo · 2004 · cited in 1 Colorado opinions naming this issue, 2010–2010 1 sentence 2010Thus, we have stated that "when the officer denies the driver his test of choice, he deprives the driver of his right to establish non-intoxication-or stated otherwise, he denies the driver the right to produce exculpatory evidence." Riley, 104 P.3d at 221 (discussing (Gilleft, 629 P.2d 613 ).	1	1
Harris v. State of Colo.green cod · 1981 · cited in 1 Colorado opinions naming this issue, 1985–1985 1 sentence 1985See State v. Laughlin, supra. The plaintiff argues, nevertheless, that the procedures provided in § 42-2-130(3), C.R.S. (1984 Repl.Vol. 17) were found in Harris v. State of Colorado, 516 F.Supp. 1128 (D.Colo.1981) to be violative of the due process requirements of the United States Constitution.	1	1
State v. Laughlingreen colo · 1981 · cited in 1 Colorado opinions naming this issue, 1985–1985 1 sentence 1985See State v. Laughlin, supra. The plaintiff argues, nevertheless, that the procedures provided in § 42-2-130(3), C.R.S. (1984 Repl.Vol. 17) were found in Harris v. State of Colorado, 516 F.Supp. 1128 (D.Colo.1981) to be violative of the due process requirements of the United States Constitution.	1	1
Summers v. Summersgreen ill · 1968 · cited in 1 Colorado opinions naming this issue, 1978–1978 1 sentence 1978See Summers v. Summers, 40 I11.2d 338, 239 N.E.2d 795 (1968).	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
Lopez v. Director, New Hampshire Division of Motor Vehiclesgreen nh · 2000 · cited in 1 Colorado opinions naming this issue, 2012–2012 2 sentences 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo	1	1

Also cited on this issue (11)

Case	Cited	Years
People v. District Court of Seventeenth Judicial District green colo · 1980 2 sentences 1997People v. District Court, 200 Colo. 65 , 612 P.2d 87 (1980); Cop v. Chames, supra. Here, plaintiff does not dispute the trial court’s finding that the Department erased the tape by accident. 1997People v. District Court, 200 Colo. 65 , 612 P.2d 87 (1980); Cop v. Charnes, supra .	2	1997–1997
People v. District Court of the Seventeenth Judicial District green colo · 1980 2 sentences 1997People v. District Court, 200 Colo. 65 , 612 P.2d 87 (1980); Cop v. Chames, supra. Here, plaintiff does not dispute the trial court’s finding that the Department erased the tape by accident. 1997People v. District Court, 200 Colo. 65 , 612 P.2d 87 (1980); Cop v. Charnes, supra .	2	1997–1997
Cop v. Charnes green coloctapp · 1987 2 sentences 1997People v. District Court, 200 Colo. 65 , 612 P.2d 87 (1980); Cop v. Chames, supra. Here, plaintiff does not dispute the trial court’s finding that the Department erased the tape by accident. 1997People v. District Court, 200 Colo. 65 , 612 P.2d 87 (1980); Cop v. Charnes, supra .	2	1997–1997
Spahmer v. Gullette green colo · 2005 1 sentence 2012It is fundamental, however, that a court may not "create an addition to a statute that the plain language does not suggest or demand." Spahmer, 113 P.3d at 162 ; accord Carruthers *699 v. Carrier Access Corp., 251 P.3d 1199 , 1204 (Colo.App.2010). ¶ 25 We see nothing in the plain language of sections 42-2-126 and 42-4-1301.1 that suggests or demands the conclusion that the lawfulness of the initial contact is a relevant circumstance in the revocation process.	1	2012–2012
Pooler v. Motor Vehicles Division green or · 1988 2 sentences 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo	1	2012–2012
Sanger v. COLORADO DEPT. OF REVENUE green coloctapp · 1987 2 sentences 2012Sanger v. Colo. Dep't of Revenue, 736 P.2d 431 , 432 (Colo.App.1987) ; see also Nefzger v. Dep't of Revenue, 739 P.2d 224 , 229 (Colo.1987) (addressing a driver's challenge to the legality of the initial stop); Wallace v. Dep't of Revenue, 787 P.2d 181 , 182 (Colo.App.1989). ¶ 15 In 1989, the General Assembly repealed and re-enacted subsection 42-2-122.1(2), with substantial amendments, and substantially amended the express consent statute. 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo	1	2012–2012
Peterson v. Tipton green coloctapp · 1992 2 sentences 2012Apparently overlooking the 1989 amendments noted above, the division reasoned that, even under the version of the express consent statute in effect on January 30, 1990, "a police officer is not authorized to request and to direct an arrested driver to submit to alcohol testing absent 'probable cause' for the DUI arrest, and, by implication, absent reasonable suspicion for the initial stop." Id. 2 ¶ 18 Since Peterson was decided, at least one other division of this court has held (citing Peterson) that a driver may challenge the legality of the initial police contact in a revocation proceeding. 2012The Peterson division noted that although its reliance on Wallace may have involved a previous version of section 42-2-122.1, its conclusion that a driver could challenge *705 the legality of the initial motor vehicle stop "remains unchanged by the subsequent amendments to the statute currently in effect and applicable to plaintiff's January 30, 1990 DUI arrest at issue here." Id.	1	2012–2012
Com., Dept. of Transp. v. Wysocki green pa · 1987 2 sentences 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo 2012See Wallace, 787 P.2d at 182 ; Sanger, 736 P.2d at 432 ; see also People v. Krueger, 208 Ill.App.3d 897 , 153 Ill.Dec. 759 , 567 N.E.2d 717 , 721 (1991) ; Pooler v. Motor Vehicles Div., 306 Or. 47 , 755 P.2d 701 , 702-03 (1988) ; but see Lopez v. Director, New Hampshire Div. of Motor Vehicles, 145 N.H. 222 , 761 A.2d 448 , 449-50 (2000) (though an arrest is necessary to suspend a license, the lawfulness of such an arrest need not be established in an administrative revocation proceeding); Commonwealth v. Wysocki, 517 Pa. 175 , 535 A.2d 77 , 79 (1987) (requirement that arrest precede request fo	1	2012–2012
People v. Gillett green colo · 1981 1 sentence 2010Thus, we have stated that "when the officer denies the driver his test of choice, he deprives the driver of his right to establish non-intoxication-or stated otherwise, he denies the driver the right to produce exculpatory evidence." Riley, 104 P.3d at 221 (discussing (Gilleft, 629 P.2d 613 ).	1	2010–2010
Metropolitan Gas Repair Service, Inc. v. Kulik green colo · 1980 1 sentence 1985Metropolitan Gas Repair Service, Inc. v. Kulik, 621 P.2d 313 (Colo.1980); Leppke v. Segura, supra. Here, there was deposition testimony that Floyd gave beer to the minor driver in violation of § 12-47-128(l)(a), C.R.S. (1978 Repl.Vol. 5).	1	1985–1985
Leppke v. Segura green coloctapp · 1981 1 sentence 1985Metropolitan Gas Repair Service, Inc. v. Kulik, 621 P.2d 313 (Colo.1980); Leppke v. Segura, supra. Here, there was deposition testimony that Floyd gave beer to the minor driver in violation of § 12-47-128(l)(a), C.R.S. (1978 Repl.Vol. 5).	1	1985–1985

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 42-2-126 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 115 (1918–2026) CA 23 (1960–2026) MO 19 (1932–2016) NJ 18 (1908–2024) WA 13 (1984–2020) FL 12 (1956–2023) MN 11 (1886–2016) OH 10 (1960–2021) ND 10 (1989–2025) TX 9 (1962–2026) IL 8 (1914–2024) NC 8 (1950–2021) CO 7 (1978–2012) MI 7 (1951–1984) NY 6 (1918–2003) VA 6 (1987–2006) IN 6 (1993–2017) ID 6 (1999–2025) IA 5 (1977–2019) KS 4 (1995–2020) GA 3 (2008–2020) TN 3 (1945–1976) WI 3 (1921–2024) AL 3 (1995–2002) WV 2 (2012–2017) LA 2 (1949–1989) DC 2 (2005–2011) MD 2 (2011–2022) AZ 2 (1971–2016) MA 2 (1998–2005) OR 2 (2011–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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