HAY v. MOTOR VEHICLES DIV.

84-09-05386; CA A34492.

713 P.2d 641 (1986)

77 Or.App. 398

In the matter of the Suspension of the Driving Privileges of Craig Owen HAY, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1986.


Attorney(s) appearing for the Case

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James E. Mountain, Jr., Sol. Gen. and Dave Frohnmayer, Atty. Gen., Salem.

Ivan M. Karmel, Portland, argued the cause for respondent. With him on the brief were Connie L. Isgro and Benziger & Karmel, Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

The Motor Vehicles Division (MVD) appeals from a circuit court judgment invalidating its suspension of petitioner's driving privileges. MVD contends that the circuit court erred in considering whether the notice of suspension of his driver's license satisfied ORS 183.415(2)(c), when petitioner did not raise the issue at his license suspension hearing. MVD alternatively argues that the circuit court erred in determining that the requirements...

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