BRINKLEY v. MOTOR VEHICLES DIVISION

No. 7545-L; CA 16264.

613 P.2d 1071 (1980)

47 Or.App. 25

Lynn Mackie BRINKLEY, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided July 14, 1980.


Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Wendell Gronso, Burns, argued the cause for respondent. With him on the brief was Stephen D. Finlayson, Burns.

Before SCHWAB, C.J., and WARDEN and WARREN, JJ.


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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