Morgan v. Motor Vehicles Division

MVD petitions for reconsideration. ORAP 10.10. I would grant reconsideration, because I now believe that our opinion is erroneous.

We affirmed a judgment reversing an MVD order suspending Morgan’s driving privileges for refusing to take an Intoxilyzer test. In so doing, we noted that, under Moore v. Motor Vehicles Division, 293 Or 715, 652 P2d 794 (1982), the proper inquiry for determining whether a motorist’s request to consult with an attorney, or someone else,1 amounts to a “refusal” under ORS 813.1002 is whether the request was inconsistent with the need to conduct a breath test in a…