Legal Opinion
Morgan v. Motor Vehicles Division
Court of Appeals of Oregon
Decided May 6, 1987No. 862063; CA A40915PublishedCited by 5 opinions
1Opinion of the CourtWarren, J.
The state appeals a judgment reversing a Motor Vehicles Division (MVD) order suspending petitioner’s driving privileges for refusing to take an Intoxilyzer test. ORS 813.100; ORS 813.410. The issue is whether, after unsuccessfully attempting to contact one attorney and speaking to a second attorney, petitioner’s repeated request to speak to an attorney constitutes a “refusal” under ORS 813.100. We conclude that it does not and affirm.
Defendant was arrested for driving under the influence of intoxicants on January 31,1986, at approximately 6:08 p.m. He was immediately taken into custody and…
2Cases cited3 opinions
- State v. NewtonOregon Supreme Court · 1981
- Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
- Chase v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1983
3Cited by5 opinions
- Matter of SmithIdaho Court of Appeals · 1989
- Staglin v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2009
- State v. GreenoughCourt of Appeals of Oregon · 1994
- Morgan v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1987
- Hicks v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1995