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BROWN v. MULTNOMAH COUNTY DIST. COURT

566 P.2d 522 (1977)

29 Or.App. 917

Hugh Duffy BROWN, Respondent, v. MULTNOMAH COUNTY DISTRICT COURT, and Anthony L. Casciato, Presiding Judge, Appellants.

Court of Appeals of Oregon.

Decided June 30, 1977.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for appellants. With him on the brief was James A. Redden, Atty. Gen., Salem.

Elden M. Rosenthal, ACLU Cooperating Atty., Portland, argued the cause and filed the brief for respondent.

Gildea & McGavic, P.C., and P.J. Graff, Eugene, filed a brief amicus curiae for Oregon Trial Lawyers Ass'n.

Before THORNTON, P.J., LEE, J., and BEATTY, J. Pro Tem.

THORNTON, Presiding Judge.

The issue presented in this appeal is the constitutionality of certain amendments to the Oregon Vehicle Code enacted by the 1975 legislature purporting to `decriminalize' the first offense of driving a motor vehicle under the influence of intoxicants (Oregon Laws 1975, ch. 451, p. 769, now codified as ORS 484.350 et seq).

The state appeals from a judgment order holding three of the above provisions unconstitutional.

Petitioner...

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