Nordquist v. Department of Motor Vehicles

Petitioner’s driver’s license was suspended by the Motor Vehicles Division because of his refusal to submit to a breath test after he had been arrested for drunken driving. ORS 482.540 et seq. Petitioner appealed the suspension to the circuit court. Judgment was entered for petitioner following a jury trial, and the Division appeals to this court.

On appeal to the circuit court, petitioner had the burden of proving, by a preponderance of the evidence, that his license was wrongfully suspended, i.e., that one of the elements set out in ORS 482.550(2) was not present.1 Burbage v. Dept. of Motor…