Andros v. STATE, DEPARTMENT OF MOTOR VEHICLES

The Department of Motor Vehicles (now Motor Vehicles Division) suspended petitioner’s operator’s license for refusal to submit to a chemical test of his breath as provided for by ORS 483.634. Pursuant to ORS 482.560 petitioner appealed the suspension to the Circuit Court of Benton County. This is an appeal by defendant Department of Motor Vehicles from a judgment of the Benton County Circuit Court entered on a jury verdict in favor of petitioner Andros.

At the conclusion of the case before the circuit court, the Department moved for a directed verdict on the basis that the necessary elements…