WIMMER v. MVD

84-1498-E; CA A33960.

706 P.2d 182 (1985)

75 Or.App. 287

In the matter of the Suspension of the Driving Privileges of William D. WIMMER, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1985.

Reconsideration Denied November 1, 1985.


Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Michael L. Mowrey, Grants Pass, argued the cause for respondent. With him on the brief were Burrows, Simcoe & Mowrey, Grants Pass.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

The Motor Vehicles Division appeals an order of the circuit court1 which reversed the Division's administrative suspension of petitioner's driving privileges for refusal to take a breath test. We reverse.

On August 4, 1984, petitioner was arrested for driving while under the influence of intoxicants. He was informed, pursuant to ORS 487.805, the Implied Consent Law, that if he refused to take a breath test his driving...

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