SHIELDS v. MOTOR VEHICLES DIV.

A8412-07104; CA A35255.

722 P.2d 36 (1986)

80 Or. App. 314

In the Matter of the Suspension of the Driving Privileges of: Davie Ray SHIELDS, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1986.


Attorney(s) appearing for the Case

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

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

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


PER CURIAM.

The Motor Vehicles Division appeals from the judgment of the circuit court reversing the administrative suspension of petitioner's driving privileges after he registered above .08 percent blood alcohol content on a police administered breath test. The trial court held that the suspension was invalid, because petitioner was not informed of his right to obtain an independent chemical test if he took the breath test and registered less than .08 percent, of...

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