Legal Opinion
Davis v. Driver & Motor Vehicle Services Division
Court of Appeals of Oregon
Decided November 1, 2006No. 0503-03083; A129207PublishedCited by 8 opinions
1Opinion of the CourtLandau, P. J.
At issue in this case is whether an individual arrested for driving under the influence of intoxicants (DUII) who declines to take a breath test until a police officer repeats the rights and consequences warning required by law has refused to take the test. An administrative law judge (ALJ) acting on behalf of the Driver and Motor Vehicle Services Division (DMV) concluded that petitioner, who demanded that the officer do so, had refused to take a breath test and, on that basis, DMV suspended her driving privileges. The trial court disagreed and set aside the suspension. We agree with DMV and…
2Cases cited7 opinions
- State v. NewtonOregon Supreme Court · 1981
- State v. SpencerOregon Supreme Court · 1988
- Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
- Wahlgren v. Department of TransportationCourt of Appeals of Oregon · 2004
- Lundquist v. MOTOR VEHICLES DIV., DEPT., TRANSPCourt of Appeals of Oregon · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Staglin v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2009
- Murdoch v. DMVCourt of Appeals of Oregon · 2021
- Fitzpatrick v. Oregon Department of TransportationCourt of Appeals of Oregon · 2010
- Hays v. DRIVER AND MOTOR VEHICLE SERVICESCourt of Appeals of Oregon · 2009
- Hays v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2009
3 more not listed; retrieve them via the Exa API.