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LUCAS v. STATE MOTOR VEHICLES DIVISION

No. 111982; CA A20576.

639 P.2d 1306 (1982)

55 Or.App. 797

In the matter of the Refusal to Submit to a Breath Test by John Robert LUCAS, Respondent, v. STATE of Oregon, MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided February 2, 1982.

Attorney(s) appearing for the Case

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Elton T. Lafky, Salem, argued the cause for respondent. With him on the brief was Phillip Swogger, Salem.

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

YOUNG, Judge.

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

The circuit court reversed the suspension order on the ground that the police officers' "sworn report" was invalid. ORS 487.805(3) provides, in pertinent part:

"If a person refuses a chemical...

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