WARD v. MOTOR VEHICLES DIVISION

No. A7906-03120L; CA 17907.

621 P.2d 674 (1981)

50 Or.App. 19

In the matter of the Refusal to Submit to a Breath Test by Perley Roy WARD, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1981.


Attorney(s) appearing for the Case

James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William Gary, Deputy Sol. Gen., and Jan P. Londahl, Asst. Atty. Gen., Salem, filed the brief for appellant.

No appearance for respondent.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


Submitted on Record and Appellant's Brief November 3, 1980.

RICHARDSON, Presiding Judge.

Petitioner's driver's license was suspended pursuant to ORS 482.5401 because of his alleged refusal to submit to a breathalyzer test following his arrest for driving under the influence of intoxicants (DUII). Respondent appeals the trial court's decision quashing the suspension order.

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