Argued and Submitted May 5, 1980, in Pendleton, Oregon.
SCHWAB, Chief Judge.
Petitioner initiated this proceeding pursuant to ORS 482.560 for de novo circuit court review of defendant's suspension of his driver's license because of petitioner's refusal to submit to a Breathalyzer test. The circuit court granted petitioner's motion for summary judgment, ruling petitioner was not validly under arrest when he was asked to submit to the test. Defendant appeals...
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