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LUNDQUIST v. MOTOR VEHICLES DIV., DEPT., TRANSP

543 P.2d 29 (1975)

In the matter of the Refusal to Submit to a Breath Test by: Daryl Wayne LUNDQUIST. Daryl Wayne Lundquist, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation of the State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1975.

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.

Donald J. Wilson, Eugene, argued the cause and filed the brief for respondent.

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

FORT, Judge.

This is an appeal by the state (Motor Vehicles Division) from a judgment order entered by the circuit court setting aside an order entered by the Division suspending respondent-petitioner's driver's license because of his alleged refusal to take a breath test following his arrest for driving under the influence of intoxicating liquor.

A jury was waived by both parties. Thus the trial court's findings, if supported by substantial evidence, are...

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