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BURBAGE v. DEPARTMENT OF MOTOR VEHICLES

450 P.2d 775 (1969)

Peter Weldon BURBAGE, Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 19, 1969.

Attorney(s) appearing for the Case

Lewis B. Hampton, Beaverton, argued the cause for appellant. With him on the brief were Myatt, Bolliger & Lewis, Beaverton.

John Marandas, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and LANGTRY, JJ.

LANGTRY, Justice pro tem.

Petitioner was arrested for driving while under the influence of intoxicating liquor, ORS 483.992(2), by a state police officer, who after observing the petitioner outside of his car at the scene of arrest, took him to a police station where the petitioner was requested by the officer to take a breathalyzer test as provided in ORS 483.634. The petitioner refused to take the test, and, after the officer followed statutory requirements, petitioner...

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