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DORR v. DEPARTMENT OF MOTOR VEHICLES

483 P.2d 105 (1971)

In the matter of the Refusal of Elmer H.K. DORR to Submit to a Breath Test. Elmer H.K. Dorr, Respondent, v. DEPARTMENT OF MOTOR VEHICLES of the State of Oregon, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 1, 1971.

Attorney(s) appearing for the Case

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

Charles D. Burt, Salem, argued the cause for respondent. On the brief were Brown & Burt, Salem.

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

LANGTRY, Judge.

The Department of Motor Vehicles appeals from a reversal by the circuit court of an order of the department suspending petitioner's vehicle driver's license for alleged refusal to take a breathalyzer test. The department asserts the trial court erred in holding that the testimony of the officer who made the arrest and report was essential at the trial. Trial was by the court without a jury.

In his...

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