Opinion
88-2089; CA A51180
Argued and submitted September 28, 1989
Reversed and remanded with instructions October 25, 1989
Appeal from Circuit Court, Columbia County.
Donald L. Kalberer, Judge.
John A. Reuling, Assistant Attorney General, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
No appearance for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Reversed and remanded with instructions to reinstate suspension order as of effective date of this decision.
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 P.2d 794 (1982).
Reversed and remanded with instructions to reinstate the suspension order as of the effective date of this decision.