Legal Opinion
Moore v. STATE, MOTOR VEHICLES DIV., ETC.
Oregon Supreme Court
Decided October 26, 1982No. CA 18130; CA A20656; CA 18170; CA A20153; CA A21023; SC 28452PublishedCited by 52 opinions
1Opinion of the CourtTanzer, J.
In each of these five consolidated cases, the Court of Appeals reversed a Motor Vehicles Division (MVD) order suspending a driver’s license which the court held to be invalid under the Implied Consent Act, ORS 487.805 et seq. In each case, the licensee, upon being requested to submit to a breath test, asked or demanded to speak to an attorney. We allowed the state’s petition for review to attempt to clarify principles applicable to drivers’ license suspension proceedings.
The Motor Vehicles Division issued these orders pursuant to ORS 482.540 which requires the agency to suspend an operator’s…
2Cases cited7 opinions
- State v. NewtonOregon Supreme Court · 1981
- State v. PandoliNew Jersey Superior Court Appellate Division · 1970
- State v. HeintzOregon Supreme Court · 1979
- Stratikos v. Department of Motor VehiclesCourt of Appeals of Oregon · 1970
- Stratikos v. Department of Motor VehiclesCourt of Appeals of Oregon · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Kuntz v. State Highway CommissionerNorth Dakota Supreme Court · 1987
- State v. TrenaryOregon Supreme Court · 1993
- Halvorsen v. BairdCourt of Appeals for the Ninth Circuit · 1998
- State v. HochDistrict Court of Appeal of Florida · 1986
- Whisenhunt v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 1987
47 more not listed; retrieve them via the Exa API.