Legal Opinion
Gildroy v. Motor Vehicles Division
Court of Appeals of Oregon
Decided February 14, 1990No. 8805-02824; CA A50042PublishedCited by 10 opinions
1Opinion of the CourtEdmonds, J.
Motor Vehicles Division appeals from an order of the trial court that reversed the suspension of respondent’s driving privileges for driving with a .17 percent blood alcohol level. ORS 831.450(4). We reverse.
Respondent was arrested for driving while under the influence. At the police station, he was asked to take a breath test. Before taking it, he asked if he could call his attorney. While he was using the telephone, he was observed by an officer other than the one who would administer the test in order to comply with OAR 257-30-020(l)(b). OAR 257-30-020(1) provides, in relevant part:
“(a)…
2Cases cited4 opinions
- State v. SpencerOregon Supreme Court · 1988
- State v. McVayCourt of Appeals of Oregon · 1987
- Luth v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1987
- State v. AllenCourt of Appeals of Oregon · 1985
3Cited by10 opinions
- Gildroy v. Motor Vehicles DivisionOregon Supreme Court · 1993
- State v. StergerCourt of Appeals of Utah · 1991
- State v. O'BRIENSupreme Court of Vermont · 1992
- State v. BaldersonCourt of Appeals of Oregon · 1996
- Gildroy v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1990
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