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BUNTEN v. MOTOR VEHICLES DIVISION, ETC.

No. A7902 00583L; CA 18170.

639 P.2d 135 (1982)

292 Or. 515

In the matter of the Refusal to Submit to a Breath Test by: Hugh BUNTEN, Appellant, v. MOTOR VEHICLES DIVISION, State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Stanley H. Brown, Jr., Certified Law Student, Dallas, argued cause for appellant. On brief were Philip Hayter and Hayter, Shetterly & Irick, Dallas.

Peggy S. Foraker, Asst. Atty. Gen., Salem, argued cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is a civil action in which the circuit court affirmed a decision by the Department of Motor Vehicles suspending appellant's license to drive a motor vehicle for 120 days for failure to submit to a breath test. We reverse.

Appellant was arrested for driving under the influence of intoxicants and taken to the Washington County jail. On arrival, he was asked to take a breath test. He asked if he could call his attorney before submitting...

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