ARRIEN v. MVD

8607-03996; CA A42124.

744 P.2d 595 (1987)

88 Or.App. 172

In the matter of the Suspension of the Driving Privileges of Kevin Gerald ARRIEN, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1987.


Attorney(s) appearing for the Case

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Donald Foss, Jr., Oregon City, argued the cause for respondent. On brief was Edward D. Latourette, Oregon City.

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


WARDEN, Presiding Judge.

The state appeals from a judgment vacating a Motor Vehicles Division order suspending petitioner's license. It contends that the circuit court erred in reviewing the administrative order de novo. We agree and reverse.

Officer Mann arrested petitioner for driving while under the influence of intoxicants. Petitioner did not take a blood alcohol test. At the license suspension hearing, Mann testified that petitioner asked whether...

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