Brinkley v. Motor Vehicles Division

Petitioner initiated this proceeding pursuant to ORS 482.560 for de novo circuit court review of defendant’s suspension of his driver’s license because of petitioner’s refusal to submit to a Breathalyzer test. The circuit court granted petitioner’s motion for summary judgment, ruling petitioner was not validly under arrest when he was asked to submit to the test. Defendant appeals. We find that there remained a material issue of fact, and therefore reverse and remand.

On April 5,1978 a police officer of the City of Hines cited petitioner into municipal court for driving under the influence of…