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HICKS v. MOTOR VEHICLES DIV.

93C-11575; CA A81676.

888 P.2d 1089 (1995)

132 Or.App. 474

In the Matter of the Suspension of the Driving Privileges of Verna Victor HICKS, Appellant, v. MOTOR VEHICLES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Kevin T. Lafky, Salem, argued the cause for appellant. With him on the brief was Lafky & Lafky.

Richard D. Wasserman, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RICHARDSON, C.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Petitioner appeals the suspension of his driver's license by the Motor Vehicle Department (MVD). The suspension was based on his refusal to take an Intoxilyzer breath test. ORS 813.100; ORS 813.410. We affirm.

On April 4, 1993, at about 9:10 p.m., petitioner was arrested for driving under the influence of intoxicants (DUII). ORS 813.010. He was taken to the Marion County jail at 9:48 p.m. Before 10:18, the officer asked petitioner if he would...

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