Opinion
22SC580
03-06-2023
The People of the State of Colorado, Petitioner v. Glen Gary Montoya. Respondent
Court of Appeals Case No. 18CA1409
Petition for Writ of Certiorari GRANTED.
[REFRAMED] Whether the definition of "refusal" or "refusal by noncooperation" under the expressed consent statute for administrative driver's license revocation is applicable in a criminal DUI trial.
[REFRAMED] Whether the court of appeals erred in holding that the prosecution was required to present evidence, in his criminal trial for driving under the influence, that defendant claimed he was willing to take a blood test after he had previously agreed but then refused to submit to one.
DENIED AS TO ALL OTHER ISSUES.