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STRATIKOS v. DEPARTMENT OF MOTOR VEHICLES

477 P.2d 237 (1970)

Louis Anest STRATIKOS, Respondent, v. State of Oregon, DEPARTMENT OF MOTOR VEHICLES, Driver's License Division, Appellant.

Court of Appeals of Oregon, Department 1.

Decided December 3, 1970.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Nicholas D. Zafiratos, Astoria, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

LANGTRY, Judge.

This is an appeal by the Department of Motor Vehicles from judgment of the circuit court to which the case was tried without a jury. It was held that the plaintiff had not refused to take a breathalyzer test as required by the Act entitled "Implied Consent Law." ORS 482.540 through 482.580 and 483.634 through 483.646.

The Oregon Supreme Court in Heer v. Dept. of Motor Vehicles, 252 Or. 455, 450 P.2d 533 (1969...

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