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LACEY v. MOTOR VEHICLES DIVISION

No. 108036; CA 15126.

608 P.2d 599 (1980)

45 Or.App. 519

In the matter of the Refusal to Submit to a Breath Test by: Robert Ray LACEY, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided March 24, 1980.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Elton T. Lafky, Salem, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

RICHARDSON, Judge.

Petitioner appealed an order of the Motor Vehicles Division suspending his operator's license because he refused to take a breathalyzer examination, by a petition for review in the circuit court. ORS 482.560. The state filed an answer which contained a request for a jury trial and the matter was set for trial. Prior to the trial date the state moved for a continuance on the ground that a state's witness was out of state. The motion was allowed and...

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