CLARK v. MVD

A 8604-02206; CA A41402.

748 P.2d 176 (1988)

89 Or.App. 250

In the matter of the Suspension of the Driving Privileges of John Douglas CLARK, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided January 13, 1988.


Attorney(s) appearing for the Case

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael L. Rosenbaum, Portland, argued the cause for respondent. With him on the brief was Rosenbaum & Simmons, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

Motor Vehicles Division (MVD) appeals a judgment reversing its order suspending petitioner's driving license for refusal to take a breath test. We reverse.

On February 17, 1986, petitioner was arrested for driving under the influence of intoxicants by Officer Stevenson, who had been dispatched with two other officers to a restaurant after a call concerning an "unwanted person." The officers escorted petitioner out of the lounge and told him that...

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