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ANDRIES v. MVD

8607-04014; CA A42592.

745 P.2d 809 (1987)

88 Or.App. 425

In the matter of the Suspension of the Driving Privileges of Joseph Camiel ANDRIES, Respondent — Cross-Appellant, v. MOTOR VEHICLES DIVISION, Appellant — Cross-Respondent.

Court of Appeals of Oregon.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for appellant — cross-respondent. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Vernon Cook, Gresham, argued the cause and filed the brief for respondent — cross-appellant.

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

WARREN, Judge.

Motor Vehicle Division (MVD) appeals from a judgment reversing the hearings officer's order suspending petitioner's license. Petitioner cross-appeals the denial of attorney fees. We reverse on appeal and affirm on cross-appeal.

The facts are not in dispute. Petitioner was arrested for driving a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and was requested to submit to a chemical breath test. The test disclosed...

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