Legal Opinion
Cavagnaro v. Motor Vehicles Div., Dept. of Transp.
Court of Appeals of Oregon
Decided December 9, 1974No. 396-945PublishedCited by 15 opinions
1Opinion of the CourtFort, J.
The state appeals from the judgment of the trial court, sitting without a jury, which vacated a department ruling that petitioner refused to take a breathalyzer test, as provided in ORS 483.634, following his arrest by a state police officer for driving under the influence of intoxicating liquor.
Both parties concede that the sole question is whether there is any evidence to support the judgment. Essentially, it is not disputed that following his arrest, Mr. Cavagnaro was taken to the county jail where he refused to take the breathalyzer test stating that “I’m not going to take the test until…
2Cases cited7 opinions
- State v. PandoliNew Jersey Superior Court Appellate Division · 1970
- Ent v. Department of Motor VehiclesCalifornia Court of Appeal · 1968
- State v. KenderskiNew Jersey Superior Court Appellate Division · 1968
- Stratikos v. Department of Motor VehiclesCourt of Appeals of Oregon · 1970
- Stratikos v. Department of Motor VehiclesCourt of Appeals of Oregon · 1971
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jordan v. RobertsWest Virginia Supreme Court · 1978
- Moore v. STATE, MOTOR VEHICLES DIV., ETC.Oregon Supreme Court · 1982
- Peterson v. StateSouth Dakota Supreme Court · 1977
- Zahtila v. Motor Vehicle Div., Dept. of Rev.Colorado Court of Appeals · 1977
- Lundquist v. MOTOR VEHICLES DIV., DEPT., TRANSPCourt of Appeals of Oregon · 1975
10 more not listed; retrieve them via the Exa API.