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.