CLARK v. MVD

A 8604-02207; CA A41313.

748 P.2d 178 (1988)

89 Or.App. 254

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

Court of Appeals of Oregon.

Decided January 13, 1988.


Attorney(s) appearing for the Case

Michael L. Rosenbaum, Portland, for appellant. On brief, was Christopher J. Watkins, Portland.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, for respondent. On brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Linda DeVries Grimms, Asst. Atty. Gen., Salem.

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


DEITS, Judge.

Petitioner appeals from a judgment affirming the Motor Vehicle Division's (MVD) suspension of his driving privileges for refusal to take a breath test. We affirm.

On February 17, 1986, at approximately 10 p.m., Officer Barkley arrested petitioner for driving under the influence of intoxicants. Barkley told petitioner that he could not drive his truck, and it was taken by the police to a storage lot. At 12:36 a.m., after petitioner's release from...

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