Supreme Court of Colorado April 3, 1978, C-1197 (Dolan v. Rust)

MR. JUSTICE GROVES

dissenting:

I respectfully dissent and would affirm the court of appeals. I do not agree with the statement in the majority opinion:

“Under the court of appeals’ theory, a driver could refuse to take the test and then later testify that he does not recollect his refusal, effectively nullifying the statute.