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JOHNSON v. DEPARTMENT OF MOTOR VEHICLES

485 P.2d 1258 (1971)

In the matter of the Driver's License Revocation of Dean Loyal JOHNSON. Dean Loyal Johnson, Respondent, v. The DEPARTMENT OF MOTOR VEHICLES of the State of Oregon, Appellant.

Court of Appeals of Oregon, Department 2.

Decided June 17, 1971.

Attorney(s) appearing for the Case

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

Frederick T. Smith, Portland, argued the cause for respondent. With him on the brief were Dusenbery, Martin, Bischoff & Templeton, Portland.

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

FORT, Judge.

The Department of Motor Vehicles (now Motor Vehicles Division) suspended petitioner's operator's license for refusal to submit to a chemical test of his breath. ORS 483.634. Petitioner appealed. ORS 482.560. From a judgment in favor of petitioner by the court sitting without a jury, the Department has appealed, assigning as error that the trial court erred in finding that petitioner had not refused to take the breath test.

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