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NORDQUIST v. DEPARTMENT OF MOTOR VEHICLES

552 P.2d 873 (1976)

In the matter of the Refusal to Submit to a Breath Test by Rodney Dean NORDQUIST, Respondent, v. DEPARTMENT OF MOTOR VEHICLES, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided August 9, 1976.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Kevin L. Mannix, Asst. Atty. Gen., Salem, filed the briefs for appellant.

Milo Pope, Milton-Freewater, filed the brief for respondent.

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

SCHWAB, Chief Judge.

Petitioner's driver's license was suspended by the Motor Vehicles Division because of his refusal to submit to a breath test after he had been arrested for drunken driving. ORS 482.540 et seq. Petitioner appealed the suspension to the circuit court. Judgment was entered for petitioner following a jury trial, and the Division appeals to this court.

On appeal to the circuit court, petitioner had the burden of proving, by a preponderance...

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