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SHAKERIN v. MVD

A8807-03644; CA A51165.

790 P.2d 1180 (1990)

101 Or.App. 357

In the matter of the Suspension of the Driving Privileges of Kasra SHAKERIN, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided April 25, 1990.

Attorney(s) appearing for the Case

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Robert A. Goffredi, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Motor Vehicles Division (MVD) appeals the circuit court's judgment vacating its order suspending petitioner's driving privileges pursuant to ORS 813.410. It contends that petitioner's refusal to take a breath test was voluntary and that he had had a reasonable opportunity to contact counsel. We reverse.

We state the facts consistently with the findings of the hearings officer. See ORS 813.450(4)(c). Trooper Olsen arrested petitioner for...

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