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PALMER v. DEPARTMENT OF MOTOR VEHICLES

490 P.2d 526 (1971)

Carl Herbert PALMER, Respondent, v. DEPARTMENT OF MOTOR VEHICLES, Appellant.

Court of Appeals of Oregon, Department 1.

Decided November 11, 1971.

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.

Donald R. Duncan, Athena, argued the cause and filed the brief for respondent.

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

THORNTON, Judge.

Petitioner was arrested for driving under the influence of intoxicating liquor. Upon being requested to take a breathalyzer test pursuant to the provisions of the Oregon Implied Consent Law,1 he refused. The defendant Department of Motor Vehicles (now Motor Vehicles Division) proceeded to suspend petitioner's license to operate a motor vehicle. He appealed to the circuit court...

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