Cantrell v. Weed

Plaintiff was stopped by a Colorado state patrolman for speeding and investigation of driving while under the influence of alcohol. The officer requested that plaintiff submit to a chemical test for sobriety pursuant to the implied consent law, 1971 Perm. Supp., C.R.S. 1963, 13-5-30(3). The officer orally advised plaintiff of his rights and read the implied consent advisement to plaintiff. Plaintiff, looking on with the officer, read the advisement form while the officer was reciting its words. However, until sometime later at the police station, the officer did not give plaintiff a copy of the advisement form containing written notice of the consequences of refusal to take the sobriety test. In the meantime, plaintiff had refused to submit to any test.