Johnson v. Department of Motor Vehicles

The Department of Motor Vehicles (now 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 by the court sitting without a jury, the Department has appealed, assigning as error that the trial court erred in finding that petitioner had not refused to take the breath test.

We have reviewed the facts in the light most favorable to petitioner. Andros v. Dept. of Motor Vehicles, 92 Adv Sh 1226, 5 Or App 418, 485 P2d 635 (1971). This case was…