Schrier v. Motor Vehicles Division
This text of 781 P.2d 1226 (Schrier v. Motor Vehicles Division) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Motor Vehicles Division (MVD) appeals the circuit court’s judgment vacating its order suspending petitioner’s driving privileges pursuant to ORS 813.410. When asked to take a breath test, petitioner responded, “No, not without the advice of an attorney.” MVD argues, and we agree, that the response was a refusal. Moore v. Motor Vehicles Division, 293 Or 715, 725, 652 P2d 794 (1982).
Reversed and remanded with instructions to reinstate the suspension order as of the effective date of this decision.
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Cite This Page — Counsel Stack
781 P.2d 1226, 99 Or. App. 209, 1989 Ore. App. LEXIS 1650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrier-v-motor-vehicles-division-orctapp-1989.