Legal Opinion

Kauffman v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.

Court of Appeals of Oregon

Decided August 25, 1972PublishedCited by 5 opinions

1Opinion of the CourtFort, J.

The Motor Vehicles Division suspended petitioner’s operator’s license for refusal to submit to a chemical test of his breath. ORS 483.634. Petitioner appealed. ORS 482.560. From a judgment in favor of petitioner, following a jury verdict in his favor, the Motor Vehicles Division has appealed, assigning as error that the trial court erred in not finding as a matter of law that petitioner refused to take the breath test and thereby granting the Motor Vehicles Division’s motion for a directed verdict.

On October 22, 1970, petitioner was stopped by an Oregon State Police officer while petitioner…

2Cases cited3 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. GreenoughCourt of Appeals of Oregon · 1971
  3. Johnson v. Department of Motor VehiclesCourt of Appeals of Oregon · 1971

3Cited by5 opinions

  1. Calvert v. STATE, DEPT. OF REVENUE, MOTOR VEHICLE D.Supreme Court of Colorado · 1974
  2. Cavagnaro v. Motor Vehicles Div., Dept. of Transp.Court of Appeals of Oregon · 1974
  3. Cobine v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1990
  4. State v. McCannCourt of Appeals of Oregon · 1996
  5. State v. McCannCourt of Appeals of Oregon · 1996

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