Appellant Brief on whether an illegal stop can effect a license revocation



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Whether or not the exclusionary rule applies in driver's license revocation proceedings, the express consent statute does not allow the Department of Revenue to revoke a driver's license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest. In this case we argued that, The court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police contact as a defense in a driver’s license revocation proceeding conducted pursuant to section Colorado Law,

Note statute has changed this since the appeal.

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Filed under: Colorado / Administrative Appellate DUI
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John Scott

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John Scott handles criminal cases ranging from serious felonies and misdemeanors to DUI and traffic matters
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