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MAUPIN v. STATE, DEPARTMENT OF MOTOR VEHICLES

530 P.2d 866 (1975)

Jerome Loren MAUPIN, Respondent, v. STATE of Oregon, Acting by and through DEPARTMENT OF MOTOR VEHICLES, Appellant.

Court of Appeals of Oregon.

Decided January 20, 1975.

Attorney(s) appearing for the Case

Jim G. Russell, 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.

L.M. Giovanini, Beaverton, argued the cause and filed the brief for respondent.

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

FORT, Judge.

Petitioner Maupin, after a hearing held under ORS 482.550, was found by the Oregon Motor Vehicles Division (hereinafter referred to as MVD) to have refused to take a breathalyzer test. His driver's license was therefore suspended. He appealed pursuant to ORS 482.560.

It is conceded that he filed the required petition in Multnomah County Circuit Court under the latter section and had delivered a copy of it on February 26, 1974, to the manager of...

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