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THORP v. DEPARTMENT OF MOTOR VEHICLES

480 P.2d 716 (1971)

In the matter of a Refusal to Submit to a Breath Test by John Otis Thorp. John Otis Thorp, Respondent, v. Oregon State DEPARTMENT OF MOTOR VEHICLES, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 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.

No appearance for respondent.

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

SCHWAB, Chief Judge.

Plaintiff, having had his motor vehicle operator's license suspended under the provisions of ORS 482.540 for refusing a police officer's request that he take a breathalyzer test after he had been arrested for drunken driving, appealed to the circuit court in the manner provided by ORS 482.560(1).1 Over the state's objection the trial court refused the state the right to a jury trial, and, having taken the evidence...

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