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GARCIA v. MVD

151730; CA A34416.

711 P.2d 219 (1985)

77 Or.App. 172

In the matter of the Suspension of the Driving Privileges of: Oscar Tapia GARCIA, Respondent, v. STATE OF OREGON, Motor Vehicles Division, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

David A. Hilgemann, Salem, argued the cause for respondent. On the brief were Stephen A. Lipton, and Mills & McMillin, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state appeals from a circuit court decision reversing an order of the Motor Vehicles Division, in which petitioner's driving privileges were suspended for his refusal to take a breath test upon request by a police officer. The only issue is whether at the time the officer requested that petitioner take the breath test, he had reasonable grounds to believe that petitioner had been driving under the influence of intoxicants.

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