Garcia v. Department of Motor Vehicles

This is an appeal from a judgment which affirmed the suspension of a motor vehicle operator’s license under ORS 482.540 because of the operator’s refusal to submit to a chemical breath test as required by the implied-consent law (ORS 483.634).

The twenty assignments of error fall into four major groups. One group asserts that the procedural rules for criminal trials must be observed in a proceeding under ORS 482.540. This contention was answered adversely to the petitioner in Heer v. Dept. of Motor Vehicles, 252 Or 455, 450 P2d 533 (1969), and Burbage v. Dept. of Motor Vehicles, 252 Or 486,…