blog home DUI Defense The Bussey Law Firm Wins A Decisive Victory at the Court Of Appeals

The Bussey Law Firm Wins A Decisive Victory at the Court Of Appeals

By Timothy Bussey on February 18, 2020

The Bussey Law Firm PC is known nationally as a leader in litigation and innovative trial strategy. The Bussey Law Firm PC scored a major victory in the Colorado Court of Appeals when in prevailed in the case of Emmons v. Department of Revenue, 18CA1347.  

In Emmons, The Bussey Law Firm PC challenged the jurisdiction of the Department of Revenue. The Department of Revenue is responsible for the Department of Motor Vehicle Hearings when a driver is facing a driver’s license revocation as a Driving Under the Influence allegation. This administrative process is very important to Colorado drivers as they face losing their driving privileges.

Attorney Timothy Bussey represented Ms. Emmons at the Department of Motor Vehicles hearing. The Colorado Statute, C.R.S. 42-2-126, states that the Department of Revenue must hold the hearing within receiving a driver’s written request for a hearing. The reported BAC in Ms. Emmons case was a .173 breath test result.

Ms. Emmons challenged delays that occurred before her hearing was heard. Ultimately, her hearing was heard and attorney Bussey challenged the jurisdiction of the Department to hear the case and other issues concerning the case. The Administrative Hearing Officer denied Bussey’s request to dismiss the action. Bussey appealed the decision to The El Paso County District Court. The District Court judge affirmed the Hearing Officer’s decision.

Undeterred, Bussey took the case to the Colorado Court of Appeals. As a matter of first impression, the Court of Appeals concluded that the Department of Revenue has the burden to show that it rescheduled a driver’s license hearing for the “earliest possible time” a hearing officer becomes available. Because the Department rescheduled the hearing more than sixty days after Ms. Emmons requested a hearing, and because the Department did not prove that it rescheduled the hearing at the “earliest possible time” the Court of Appeals the Department lacked jurisdiction to revoke Ms. Emmons’ license.

This was a matter of first impression for the Court of Appeals. The Bussey Law Firm PC carefully analyzed the law and litigated this matter of first impression. It is important to note that attorney Timothy Bussey litigated Ms. Emmons case to a trial jury and Ms. Emmons was found not guilty.

The Bussey Law Firm PC is a nationally recognized trial law firm. Attorney Timothy Bussey has handled catastrophic injury claims, homicide cases to cutting edge DUI defense. If you, a friend, family member or someone you know is in need of legal assistance do not hesitate to call the Bussey Law Firm PC.

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