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CAPRETTA v. MOTOR VEHICLES DIVISION

562 P.2d 1236 (1977)

29 Or.App. 241

In the matter of the Refusal to Submit to a Breath Test by Eugene Anthony CAPRETTA, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 20, 1977.

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.

James M. Gillis, Newport, argued the cause for respondent. With him on the brief were Litchfield, Macpherson & Carstens, Newport.

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

TANZER, Judge.

This is an appeal by the Motor Vehicles Division of the Department of Transportation from a circuit court order reversing an order of the Division suspending petitioner's operator's license for having refused to take a breathalyzer test as required by ORS 487.805(2) of the Implied Consent Law.

Petitioner was arrested for driving under the influence at approximately 4:15 p.m. He was transported to the Lincoln County Jail. During the ride to the...

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