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SCHRIER v. MOTOR VEHICLES DIVISION

88-2089; CA A51180.

781 P.2d 1226 (1989)

99 Or.App. 209

In the matter of the Suspension of the Driving Privileges of Frank SCHRIER, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

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

No appearance for respondent.

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

PER CURIAM.

Motor Vehicles Division (MVD) appeals the circuit court's judgment vacating its order suspending petitioner's driving privileges pursuant to ORS 813.410. When asked to take a breath test, petitioner responded, "No, not without the advice of an attorney." MVD argues, and we agree, that the response was a refusal. Moore v. Motor Vehicles Division, 293 Or. 715, 725, 652 P.2d 794 (1982...

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