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BLACKMAN v. MVD

86-343-CV; CA A41850.

752 P.2d 1241 (1988)

90 Or.App. 408

In the matter of the Suspension of the Driving Privileges of Rodney Burdett BLACKMAN, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon, In Banc.

Decided April 13, 1988.

Resubmitted October 7, 1987.

Attorney(s) appearing for the Case

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

Bruce Huffman, Klamath Falls, argued the cause and filed the brief for respondent.

Resubmitted In Banc October 7, 1987.

RICHARDSON, Judge.

The Motor Vehicles Division proposed to suspend respondent's driver's license on the ground that he had refused to submit to a blood alcohol test. ORS 813.410. He requested a hearing under ORS 813.410(2), and the hearings officer upheld the suspension. Respondent then petitioned the circuit court for review pursuant to ORS 813.410(6). The circuit court reversed the order of suspension, ordered that respondent...

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