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CHASE v. MOTOR VEHICLES DIV.

No. 26627; CA A23416.

663 P.2d 412 (1983)

63 Or.App. 15

In the Matter of the Refusal to Submit to a Breath Test by Merle Jerome CHASE, Appellant, v. MOTOR VEHICLES DIVISION, STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided May 11, 1983.

Attorney(s) appearing for the Case

James D. Huffman, St. Helens, argued the cause for appellant. With him on the brief was Lucas, Petersen & Huffman, St. Helens.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Petitioner appeals a judgment affirming the Motor Vehicles Division's (MVD) order suspending his driver's license for refusal to submit to a breath test. ORS 487.805 to 487.835 and ORS 482.540 to 482.560. We affirm.

The only evidentiary record is the parties' stipulation that:

"1. The petitioner was under arrest for DUII at the time he was requested to submit to a breath test. "2. The police officer had reasonable...

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