Howder v. State Department of Transportation Motor Vehicles Division

Petitioner’s license to operate a motor vehicle was suspended for refusal to take the breathalyzer test upon request. ORS 482.540. Petitioner appealed to the circuit court. ORS 482.560(1). At trial, after the parties rested, the trial court denied the Motor Vehicles Division’s motion for a directed verdict and submitted to the jury two issues, the submission of which is assigned as error by the Division in this appeal. We review the facts in the light most favorable to petitioner. Andros v. Dept. of Motor Vehicles, 5 Or App 418, 485 P2d 635 (1971).

The initial issue is whether the requirement…