Court of Appeals of Oregon, 1986

Kirk v. Motor Vehicles Division

Kirk v. Motor Vehicles Division
Court of Appeals of Oregon · Decided May 29, 1986 · Deits, Newman, Richardson
79 Or. App. 533; 719 P.2d 516; 1986 Ore. App. LEXIS 2867

Kirk v. Motor Vehicles Division

Opinion of the Court

PER CURIAM

The Motor Vehicles Division appeals from a judgment that reversed its suspension of respondent’s operator’s license because he refused to take a blood alcohol breath test. We reverse for the reasons set forth in Wimmer v. MVD, 75 Or App 287, 706 P2d 182, rev den 300 Or 367 (1985).

Reversed and remanded with instructions to reinstate order of suspension.

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