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Kirk v. Motor Vehicles Division

Oregon Court of Appeals
May 29, 1986
719 P.2d 516 (Or. Ct. App. 1986)

Opinion

16-85-02356; CA A36322

Submitted on record and appellant's brief May 5, 1986.

Reversed and remanded with instructions May 29, 1986.

Appeal from Circuit Court, Lane County, Edwin E. Allen, Judge.

Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and John A. Reuling, Jr., Assistant Attorney General, Salem, filed the brief for appellant.

No appearance for respondent.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.


PER CURIAM

Reversed and remanded with instructions to reinstate order of suspension.


The Motor Vehicles Division appeals from a judgment that reversed its suspension of respondent's operator's license because he refused to take a blood alcohol breath test. We reverse for the reasons set forth in Wimmer v. MVD, 75 Or. App. 287, 706 P.2d 182, rev den 300 Or. 367 (1985).

Reversed and remanded with instructions to reinstate order of suspension.


Summaries of

Kirk v. Motor Vehicles Division

Oregon Court of Appeals
May 29, 1986
719 P.2d 516 (Or. Ct. App. 1986)
Case details for

Kirk v. Motor Vehicles Division

Case Details

Full title:In the Matter of the Suspension of the Driving Privileges of KIRK…

Court:Oregon Court of Appeals

Date published: May 29, 1986

Citations

719 P.2d 516 (Or. Ct. App. 1986)
719 P.2d 516