concurring.
The majority correctly concludes that since this proceeding is civil in nature, as we held in Stratikos v. Dept. of Motor Vehicles, 4 Or App 313, 477 P2d 237 (1970), 478 P2d 654, Sup Ct review denied (1971), it was error for the trial court to deny the state’s request for a jury. However, I do not believe that we can say as a matter of law the trial court erred in finding that “the police officer did not have reasonable grounds to believe that the plaintiff had been driving under the influence of intoxicating liquor.” The evidence, in my view, though ample to support a contrary finding, is sufficient to warrant the submission of the issue to the jury. I would therefore reverse and remand for a new trial.