Legal Opinion

Ward v. Motor Vehicles Division

Court of Appeals of Oregon

Decided January 5, 1981No. A7906-03120L, CA 17907PublishedCited by 6 opinions

1Opinion of the CourtRichardson, P.J.

Petitioner’s driver’s license was suspended pursuant to ORS 482.5401 because of his alleged refusal to submit to a breathalyzer test following his arrest for driving under the influence of intoxicants (DUII). Respondent appeals the trial court’s decision quashing the suspension order.2 The sole issue is whether in a proceeding under ORS 482.550, it was relevant that petitioner was not in fact driving a motor vehicle at the time of his arrest.

In his petition for review, petitioner contested all the statutory prerequisites to suspension required in ORS 482.550. During the trial before the…

2Cases cited5 opinions

  1. Compensation of Korter v. EBI Companies, Inc.Court of Appeals of Oregon · 1980
  2. Thorp v. Department of Motor VehiclesCourt of Appeals of Oregon · 1971
  3. Andros v. STATE, DEPARTMENT OF MOTOR VEHICLESCourt of Appeals of Oregon · 1971
  4. Leabo v. StateCourt of Appeals of Oregon · 1980
  5. Ames v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.Court of Appeals of Oregon · 1974

3Cited by6 opinions

  1. Hilton v. Motor Vehicles DivisionOregon Supreme Court · 1989
  2. Hilton v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1988
  3. Berenergy Corp. v. BTU Western Resources, Inc.Wyoming Supreme Court · 2018
  4. Hilton v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1988
  5. Hilton v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1988

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