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HILTON v. MVD

45182; CA A38100.

762 P.2d 1030 (1988)

93 Or.App. 388

In the matter of the Suspension of the Driving Privileges of Keith David HILTON, Petitioner. Keith David Hilton, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted August 10, 1988.

Decided October 12, 1988.

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.

Kathryn A. Wood, Corvallis, argued the cause and filed the brief for respondent.

Resubmitted In Banc August 10, 1988.

NEWMAN, Judge.

The Motor Vehicles Division (MVD) appeals a judgment of the circuit court which set aside its order that suspended respondent's driver's license on the ground that he had failed a breath test. Former ORS 487.805.1 The court held that the statutory limitation of issues at the MVD hearing, which precluded respondent from attempting to prove that he had not been driving at...

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