ARNDT v. MOTOR VEHICLES DIV.

85-0527; CA A36576.

722 P.2d 45 (1986)

80 Or. App. 389

Jeffrey Dale ARNDT, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided July 23, 1986.


Attorney(s) appearing for the Case

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

J.P. Harris, II, 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 for refusal to submit to a breath test requested by a police officer. Former ORS 487.805(3);2 former ORS 482.541(4)(c).3 It contends that the court erred in concluding that, at the time he asked petitioner to take an...

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