Legal Opinion
Caldeira v. Driver & Motor Vehicle Services Branch
Court of Appeals of Oregon
Decided May 1, 2002No. 16-00-19864; A114042PublishedCited by 7 opinions
1Opinion of the CourtLandau, P. J.
The state appeals a judgment of the circuit court setting aside a final order of the Driver and Motor Vehicle Services Branch of the Department of Transportation (DMV) suspending petitioner’s driving privileges for refusing to take a breath test. The state argues that the trial court erred in concluding that petitioner did not refuse to take the breath test. We agree and reverse and remand.
The relevant facts are not in dispute. Officer Halttunen stopped petitioner for a traffic infraction. When he approached the car, he noted the odor of alcohol and noticed that petitioner’s eyes were…
2Cases cited5 opinions
- State v. PandoliNew Jersey Superior Court Appellate Division · 1970
- Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
- Lundquist v. MOTOR VEHICLES DIV., DEPT., TRANSPCourt of Appeals of Oregon · 1975
- Bergstrom v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1990
- Warner v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1994
3Cited by7 opinions
- Davis v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2006
- Robinson v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2003
- Fisher v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2005
- Fitzpatrick v. Oregon Department of TransportationCourt of Appeals of Oregon · 2010
- Suspension of the Driving Privileges of Rabbani v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2003
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