POOLER v. MVD

TC No. 85-547-CV; CA A41560; SC S34832.

755 P.2d 701 (1988)

306 Or. 47

In the matter of the Suspension of the Driving Privileges of Robert Allen POOLER, Respondent On Review, v. MOTOR VEHICLES DIVISION, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided June 7, 1988.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition for review were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Oral argument waived by respondent on review.


CARSON, Justice.

This case arises from the suspension of a driver license following the driver's failure of a chemical breath test. Two questions are presented: (1) Whether the scope of the administrative hearing included determination of the validity of the arrest; and (2) whether the driver was validly arrested. Because there is no record before us of the findings made below, the underlying and apparently undisputed facts are taken from the briefs and memoranda...

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