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STAVROS v. STATE, DEPARTMENT OF MOTOR VEHICLES

507 P.2d 45 (1973)

George C. STAVROS, Respondent, v. STATE of Oregon, DEPARTMENT OF MOTOR VEHICLES, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1973.

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 John W. Osburn, Sol. Gen., Salem.

Terry G. Hannon, Gresham, argued the cause and filed the brief for respondent.

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

SCHWAB, Chief Judge.

The Department of Motor Vehicles suspended plaintiff's driver's license for 90 days on the grounds that he refused to submit to a breathalyzer test after being arrested for driving under the influence of intoxicating liquor. ORS 482.540; ORS 483.634 et seq. Plaintiff initiated this proceeding to challenge that suspension. Judgment was entered in the trial court reversing the suspension order, and the Department appeals.

This case was submitted...

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