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BLACKBURN v. MOTOR VEHICLES DIVISION, DEPT.

576 P.2d 1267 (1978)

33 Or.App. 397

In the matter of the Refusal to Submit to a Breath Test by: Jett Craddock BLACKBURN, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen. and Al J. Laue, Asst. Atty. Gen., Salem.

Wendell E. Gronso, Burns, argued the cause for respondent. With him on the brief was Stephen D. Finlayson, Burns.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

The Motor Vehicles Division (Division) appeals from the order of the circuit court which reversed the order of the Division suspending petitioner's operator's license for refusal to take a breathalyzer test.

The circuit court reversed the suspension order on the ground the "sworn report" filed with the Division by the arresting officer pursuant to ORS 487.805(2) was not sworn to by the officer. The trial court's ruling was based on our decision...

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