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CAVAGNARO v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.

528 P.2d 1090 (1974)

In the matter of a Refusal to Submit to a Breath Test by Virgil Louis CAVAGNARO. Virgil Louis Cavagnaro, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation, of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided December 9, 1974.

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 W. Michael Gillette, Sol. Gen., Salem.

Frederick A. Jahnke, Portland, argued the cause for respondent. With him on the brief were Reiter, Wall, Bricker & Zakovics, P.C., Portland.

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

FORT, Judge.

The state appeals from the judgment of the trial court, sitting without a jury, which vacated a department ruling that petitioner refused to take a breathalyzer test, as provided in ORS 483.634, following his arrest by a state police officer for driving under the influence of intoxicating liquor.

Both parties concede that the sole question is whether there is any evidence to support the judgment. Essentially...

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