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HEER v. DEPARTMENT OF MOTOR VEHICLES

450 P.2d 533 (1969)

Lawrence Delmar HEER, Appellant, v. DEPARTMENT OF MOTOR VEHICLES, Respondent. Otis Paul Grayson, Appellant, v. Department of Motor Vehicles, Respondent.

Supreme Court of Oregon, In Banc.

Argued and Submitted January 6, 1969.

Attorney(s) appearing for the Case

Dan W. Poling, Newport, argued the cause and filed the briefs for appellants.

John S. 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.)

These consolidated proceedings seek to test the constitutionality of the Implied Consent Law, Oregon Laws 1965, ch. 574 (ORS 482.540 through 482.580 and 483.634 through 483.646).

Lawrence Delmar Heer and Otis Paul Grayson each were arrested in the city of Newport for driving while under the influence of intoxicating liquor in violation of ORS 483.992. They were charged in the municipal court with violation of the state law. In previous...

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