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UPDEGRAFF v. MOTOR VEHICLES DIV.

85-0890; CA A36778.

722 P.2d 1270 (1986)

80 Or. App. 378

Benjamin Harris UPDEGRAFF, Jr., Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided July 23, 1986.

Reconsideration Denied August 29, 1986.

Attorney(s) appearing for the Case

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

William B. Wyllie, Salem, argued the cause and filed the brief for respondent.

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

VAN HOOMISSEN, Judge.

The Motor Vehicles Division (MVD) appeals a circuit court order reversing its order suspending petitioner's1 driving privileges. Former ORS 487.805(3);2 former ORS 482.541(4)(c).3 It contends that the court erred in concluding that refusal to submit to a breath test is excused if there is "unreasonable" delay between the time a driver is stopped...

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