JONES v. MVD

16-86-07627; CA A43461.

750 P.2d 1203 (1988)

90 Or.App. 143

In the matter of the Suspension of the Driving Privileges of Stephen Donald JONES, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided March 9, 1988.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Salem, argued the cause for appellant. With him on the brief was Dave Frohnmayer, Attorney General and Virginia L. Linder, Solicitor General, Salem.

Robert A. Miller, Eugene, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

The state appeals from a circuit court decision reversing Motor Vehicle Division's (MVD) suspension of petitioner's driver's license for "refusing" to submit to a breath test. ORS 813.100(3). The circuit court ruled that there was not substantial evidence that petitioner refused the test, because OAR 257-30-020(1)(c)(F) is ambiguous regarding what constitutes completing the breath test — i.e.,<...

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