Legal Opinion

Stratikos v. Department of Motor Vehicles

Court of Appeals of Oregon

Decided December 3, 1970PublishedCited by 30 opinions

1Opinion of the CourtLang-Try, J.

This is an appeal by the Department of Motor Vehicles from judgment of the circuit court to which the case was tried without a jury. It was held that the plaintiff had not refused to take a breathalyzer test as required by the Act entitled “Implied Consent Law.” ORS 482.540 through 482.580 and 483.634 through 483.646.

The Oregon Supreme Court in Heer v. Dept. of Motor Vehicles, 252 Or 455, 450 P2d 533 (1969), and Burbage v. Dept. of Motor Vehicles, 252 Or 486, 450 P2d 775 (1969), upheld the statutes. Burbage held that the appeal to the circuit court from the Department’s administrative…

2Cases cited10 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. People v. SudduthCalifornia Supreme Court · 1966
  4. People v. GurseyNew York Court of Appeals · 1968
  5. State v. PandoliNew Jersey Superior Court Appellate Division · 1970

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3Cited by30 opinions

  1. Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
  2. State v. SeverinoHawaii Supreme Court · 1975
  3. State v. ScharfOregon Supreme Court · 1980
  4. Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
  5. Swenumson v. Iowa Department of Public SafetySupreme Court of Iowa · 1973

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