Tom Francen v. Colorado Department of Revenue, Division of Motor Vehicles — Hood, J., Dissenting

Summary

Justice Hood dissented from the majority's interpretation of the former license-revocation statute, concluding that its probable-cause requirement could encompass the lawfulness of the police officer's initial contact with the driver. He would have considered the statute's context, purpose, prior judicial interpretations, legislative inaction, and the later legislative amendment as persuasive evidence that drivers could challenge an unlawful stop at revocation hearings. The dissent would have reversed the court of appeals but did not reach whether the exclusionary rule was an appropriate remedy.