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HOWDER v. STATE EX REL. DOT MOTOR VEHICLES DIV

535 P.2d 552 (1975)

In the matter of a Refusal to Submit to a Breath Test by: William Walter HOWDER, Respondent, v. STATE of Oregon, Department of Transportation Motor Vehicles Division, Appellant.

Court of Appeals of Oregon.

Decided May 27, 1975.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Solicitor Gen., and Al J. Laue, Asst. Atty. Gen., Salem, for appellant.

No appearance by respondent.

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

Submitted on Record and Appellant's Brief May 13, 1975.

FOLEY, Judge.

Petitioner's license to operate a motor vehicle was suspended for refusal to take the breathalyzer test upon request. ORS 482.540. Petitioner appealed to the circuit court. ORS 482.560(1). At trial, after the parties rested, the trial court denied the Motor Vehicles Division's motion for a directed verdict and submitted to the jury two issues, the...

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