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McEUEN v. MOTOR VEHICLES DIVISION

84-1984-E; CA A35227.

706 P.2d 184 (1985)

75 Or.App. 334

In the matter of the Suspension of the Driving Privileges of: Theodore Oliver McEuen, 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. On the brief were R. Daniel Simcoe, and Burrows, Simcoe & Mowrey, Grants Pass.

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

PER CURIAM.

The Motor Vehicles Division appeals from the order of the circuit court that reversed its administrative suspension of petitioner's driving privileges for refusal to take a breath test. The trial court held that the suspension was invalid, because petitioner was not informed he had a right to an independent test if his blood alcohol level was less than .08 percent. We reverse and reinstate Division's order of suspension. Wimmer v. Motor Vehicles Division...

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