Maupin v. State ex rel. Department of Motor Vehicles

Petitioner Manpin, after a hearing held under ORS 482.550, was found by the Oregon Motor Vehicles Division (hereinafter referred to as MVD) to have refused to take a breathalyzer test. His driver’s license was therefore suspended. He appealed pursuant to ORS 482.560.

It is conceded that he filed the required petition in Multnomah County Circuit Court under the latter section and had delivered a copy’ of it on February 26, 1974, to the manager of the Portland office of the MVD. No summons accompanied its delivery and none was ever served anywhere on the MVD. In his brief, he states:

“* * *…