refusal test (Oregon) · Go Syfert
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refusal test in Oregon

7 Oregon opinions name it 2 courts 1885–2015 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Suspension of the Driving Privileges of Rabbani v. Driver & Motor Vehicle Services Divisiongreen
orctapp · 2003 · cited in 1 Oregon opinions naming this issue, 2006–2006
2 sentences

2006See, e.g., Rabbani v. DMV, 187 Or App 272 , 65 P3d 1130 (2003) (despite the petitioner’s later request to take a test, he refused by declining to take the test when offered).

2006See, e.g., Rabbani v. DMV, 187 Or App 272 , 65 P3d 1130 (2003) (despite the petitioner’s later request to take a test, he refused by declining to take the test when offered).

11
State v. Williamsgreen
orctapp · 1999 · cited in 1 Oregon opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Williams, 161 Or App at 115 ; Sulser, 127 Or App at 47 n 1.

11
Bush v. Brightgreen
calctapp · 1968 · cited in 1 Oregon opinions naming this issue, 1981–1981
2 sentences

1981It is simply because such a person has the physical power to make the test impractical, and dangerous to himself and those charged with administering it, that it is excused upon an indication of his unwillingness. * * *" Bush v. Bright, 264 Cal. App.2d 788, 790, 792 , 71 Cal. Rptr. 123 at 124, 125 (1968) (original emphasis).

1981It is simply because such a person has the physical power to make the test impractical, and dangerous to himself and those charged with administering it, that it is excused upon an indication of his unwillingness. * * *" Bush v. Bright, 264 Cal. App.2d 788, 790, 792 , 71 Cal. Rptr. 123 at 124, 125 (1968) (original emphasis).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Harrell / Wilson green
or · 2013
2 sentences

2015Seeking reversal as to both charges, defendant argues that the court’s refusal was a violation of Article I, section 11, of the Oregon Constitution. 2 We vacate and remand the judgment as to the conviction for reckless driving so that the trial court may reconsider whether to consent in light of the standards elucidated in an intervening decision, State v. Harrell/Wilson, 353 Or 247 , 297 P3d 461 (2013).

2015Seeking reversal as to both charges, defendant argues that the court’s refusal was a violation of Article I, section 11, of the Oregon Constitution. 2 We vacate and remand the judgment as to the conviction for reckless driving so that the trial court may reconsider whether to consent in light of the standards elucidated in an intervening decision, State v. Harrell/Wilson, 353 Or 247 , 297 P3d 461 (2013).

12015–2015
State v. Newton green
or · 1981
1 sentence

2007It is simply because such a person has the physical power to make the test impractical, and dangerous to himself and those charged with administering it, that it is excused upon an indication of his unwillingness.’ ” Newton, 291 Or at 792 -93 (quoting with approval Bush v. Bright, 264 Cal App 2d 788, 790, 792, 71 Cal Rptr 123, 124-25 (1968) (emphasis in Bush) (brackets in original)).

12007–2007
State v. Sulser green
orctapp · 1994
1 sentence

2005See, e.g., Williams, 161 Or App at 115 ; Sulser, 127 Or App at 47 n 1.

12005–2005
Escudero v. District Court of Arecibo green
prsupreme · 1949
1 sentence

1962In 1902, seven years before our legislature enacted OBS 17.160, State v. Vance, 29 Wash 435, 70 P 34 , dealt with a situation substantially similar to that which is now before us; and in so doing, ruled: “* * * The state by waiving these two challenges did not thereby lose the right to exercise them afterwards on jurors not in the box when the challenges were waived.

11962–1962
Stone v. Oregon City Manufacturing Co. neutral
or · 1870
1 sentence

1885Co. 4 Oreg. 52 , held that the refusal of an instruction, similar in terms to the said two instructions, was error, and reversed the judgment.

11885–1885

Where else courts name it

TX 342 (1874–2026) CA 118 (1867–2024) IL 104 (1885–2026) MO 64 (1886–2014) IN 55 (1875–2014) WI 52 (1932–2025) MA 51 (1870–2025) NY 49 (1871–2025) MS 48 (1889–2024) PA 34 (1849–2026) VA 25 (1912–2026) AL 24 (1895–2007) WV 24 (1896–2021) OH 23 (1889–2024) NM 22 (1910–2023) GA 19 (1882–2024) CO 15 (1922–2026) FL 14 (1913–2014) NE 13 (1893–2024) IA 12 (1897–2021) KS 12 (1892–1996) AR 11 (1914–2020) ID 11 (1921–2020) AZ 10 (1966–2021) OK 10 (1911–2008) MD 9 (1963–2010) NV 9 (1887–2013) MN 9 (1902–2015) NJ 8 (1964–2020) WY 8 (1952–2020) WA 8 (1917–2000) ME 8 (1926–2019) KY 7 (1916–2024) NC 7 (1947–2019) OR 7 (1885–2015) ND 6 (1960–2007) UT 6 (1968–2026) SD 5 (1925–2014) VT 5 (1884–1990) LA 4 (1969–2006) MT 4 (1935–2016) NH 4 (1974–1997) HI 4 (1945–1999) DC 4 (1989–2025) CT 4 (1975–2018) MI 3 (1927–1978) TN 3 (1935–2013) SC 3 (1988–2024) RI 3 (1970–1987) AK 2 (1978–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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