Legal Opinion
Hicks v. Motor Vehicles Division
Court of Appeals of Oregon
Decided January 25, 1995No. 93C-11575; CA A81676PublishedCited by 1 opinion
1Opinion of the CourtDe Muniz, J.
Petitioner appeals the suspension of his driver’s license by the Motor Vehicle Department (MVD). The suspension was based on his refusal to take an Intoxilyzer breath test. ORS 813.100; ORS 813.410. We affirm.
On April 4, 1993, at about 9:10 p.m., petitioner was arrested for driving under the influence of intoxicants (DUII). ORS 813.010. He was taken to the Marion County Jail at 9:48 p.m. Before 10:18, the officer asked petitioner if he would take the breath test. Petitioner mentioned contacting an attorney but did not ask to do so. Instead, at 10:29, petitioner phoned a friend and spoke with…
2Cases cited8 opinions
- State v. NewtonOregon Supreme Court · 1981
- State v. NagelOregon Supreme Court · 1994
- State v. ParkerOregon Supreme Court · 1993
- Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
- Warner v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Staglin v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2009