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WARNER v. MOTOR VEHICLES DIVISION

485 P.2d 1248 (1971)

In the matter of the Refusal of Beulah Esther WARNER to Submit to a Breath Test. Beulah Esther Warner, Appellant, v. MOTOR VEHICLES DIVISION, State of Oregon, Respondent.

Court of Appeals of Oregon, Department 2.

Argued and Submitted May 26, 1971.

Attorney(s) appearing for the Case

Charles D. Burt, Salem, argued the cause for appellant. With him on the brief were Brown & Burt, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

FORT, Judge.

The Motor Vehicles Division suspended petitioner's operator's license for her refusal to submit to a chemical test of her breath pursuant to ORS 483.634. She appealed. ORS 482.560. The jury found against her, and the court entered judgment accordingly. Petitioner now appeals to this court.

On March 2, 1970, at approximately 12:45 a.m., the petitioner, Warner, was involved in a one-car accident. The arresting officer arrived at the scene at approximately...

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