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FORS v. MOTOR VEHICLES DIVISION

No. CA 16502.

615 P.2d 331 (1980)

47 Or.App. 447

John Frederick FORS, Petitioner, v. MOTOR VEHICLES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Larry W. Stuber, Albany, argued the cause for petitioner. With him on the brief was Goode, Goode, Decker, Beckham & Nelson, P.C., Albany.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Virginia L. Linder, Certified Law Student, Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

Petitioner appeals from an order of the Motor Vehicles Division (Division) suspending his driving privileges for a period of thirty days. On September 14, 1979, the Division issued an order of suspension pursuant to ORS 482.450(1)(d). That statute allows the Division to immediately suspend

"* * * the license of any person without hearing * * * when the division has reason to believe that such person: "(d) Is a habitual...

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