Legal Opinion

Blackburn v. MOTOR VEHICLES DIVISION, DEPT.

Court of Appeals of Oregon

Decided April 3, 1978No. 7056, CA 8422PublishedCited by 24 opinions

1Opinion of the CourtRichardson, J.

The Motor Vehicles Division (Division) appeals from the order of the circuit court which reversed the order of the Division suspending petitioner’s operator’s license for refusal to take a breathalyzer test.

The circuit court reversed the suspension order on the ground the "sworn report” filed with the Division by the arresting officer pursuant to ORS 487.805(2) was not sworn to by the officer. The trial court’s ruling was based on our decision in Dotson v. Motor Vehicles Div., 25 Or App 393, 549 P2d 1143 (1976).

The Division raises two issues in this appeal. First, the Division contends a…

2Cases cited15 opinions

  1. Wilcox v. BillingsSupreme Court of Kansas · 1968
  2. Heer v. Department of Motor VehiclesOregon Supreme Court · 1969
  3. Agnew v. HjelleNorth Dakota Supreme Court · 1974
  4. State v. DouglasWashington Supreme Court · 1967
  5. Atwood v. StateMississippi Supreme Court · 1927

10 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Red Rooster Construction Co. v. River Associates, Inc.Supreme Court of Connecticut · 1993
  2. State v. WalkerSupreme Court of Iowa · 1998
  3. State v. KnightNew Mexico Court of Appeals · 2000
  4. Mickelsen v. Craigco, Inc.Utah Supreme Court · 1989
  5. Moore v. PetersonNebraska Supreme Court · 1984

19 more not listed; retrieve them via the Exa API.

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