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LEABO v. STATE BY & THROUGH MOTOR VEH. DIV.

No. 107210; CA 15394.

610 P.2d 317 (1980)

46 Or.App. 55

In the Matter of the Refusal to Submit to a Breath Test by Robin Lynn LEABO, Respondent, v. STATE of Oregon, Acting BY and Through Its MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided May 5, 1980.

Attorney(s) appearing for the Case

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

David Foster, Salem, argued the cause for respondent. On the brief was Douglas G. Ward, Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

Petitioner's motor vehicle operator's license was suspended pursuant to ORS 482.540 because of her refusal to submit to a breathalyzer test following her arrest for driving while under the influence of intoxicants. The state appeals from the quashing of its suspension order following defendant's successful circuit court appeal pursuant to ORS 482.560.1

In petitioner's original petition to the circuit court she alleged...

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