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LEPIRE v. MOTOR VEHICLES DIVISION

No. 78-10-396; CA 15929.

613 P.2d 1084 (1980)

47 Or.App. 67

In the matter of the Refusal to Submit to a Breath Test by: Gilbert John LEPIRE, 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 brief were James A. Redden, former Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

James D. Fournier, Mount Angel, waived appearance for respondent.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Petitioner's driver's license was suspended by the Motor Vehicles Division (Division) after petitioner refused to submit to a chemical breath test following his arrest for driving while under the influence of intoxicating liquor. On appeal of the suspension to circuit court, the court granted petitioner's motion for a directed verdict. Pursuant to ORS 19.010 and 19.020, the Division appeals from the granting of a directed verdict, assigning error...

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