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ERICKSON v. MOTOR VEHICLES DIV., TRANSP. DEPT.

567 P.2d 590 (1977)

30 Or.App. 559

Harry Otto ERICKSON, Petitioner, v. MOTOR VEHICLES DIVISION OF THE TRANSPORTATION DEPARTMENT, State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Ronald L. Gould, Coos Bay, argued the cause for petitioner. With him on the brief was McNutt, Gant & Ormsbee, Coos Bay.

Donald L. Paillette, Asst.Atty.Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty.Gen., and W. Michael Gillette, Sol.Gen., Salem.

Before SCHWAB, C.J., and TANZER and JOHNSON, JJ.

TANZER, Judge.

This is an appeal from an order of the Motor Vehicles Division of the Department of Transportation suspending petitioner's driving privilege for a three-year period.

Petitioner was convicted on October 22, 1976 of having driven his motor vehicle on May 6, 1976 with a blood-alcohol content in excess of .15 percent. The conviction was petitioner's first such conviction within five years, but his third...

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