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MALLORY v. MOTOR VEHICLES DIV. OF DEPT. OF TRANSP.

531 P.2d 758 (1975)

Michael Timothy MALLORY, Respondent, v. MOTOR VEHICLES DIVISION OF THE DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1975.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Jim G. Russell, Asst. Atty. Gen., Salem, for appellant.

No appearance by respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

Submitted on Record and Appellant's Brief January 27, 1975.

LANGTRY, Judge.

Defendant Motor Vehicles Division appeals from a circuit court judgment which reversed a hearing referee order which had found the petitioner had refused to take a breathalyzer test after being arrested on October 13, 1972 for DUIL.

The appeal to the circuit court was based on three alleged grounds: (1) that the arresting officer did not have reasonable grounds to believe the...

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