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DUYN v. MOTOR VEHICLES DIVISION

No. 35761; CA 18551.

622 P.2d 757 (1981)

50 Or.App. 185

In the matter of the Refusal to Submit to a Breath Test by Henry Conrad DUYN, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 26, 1981.

Attorney(s) appearing for the Case

James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., Salem, on brief for appellant.

Robert M. Johnstone, McMinnville, waived appearance for respondent.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

PER CURIAM.

The Motor Vehicles Division sought to suspend petitioner's operator's license because of his refusal to submit to a breathalyzer test following his arrest for driving under the influence of intoxicants. After a hearing before the Division, petitioner appealed the suspension order to circuit court under ORS 482.560. The circuit court granted petitioner relief, and the Division appeals.

A petition for circuit court de novo review of a suspension...

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