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VEILLEUX v. MOTOR VEHICLES DIV.

87-0236C; CA A44413.

756 P.2d 70 (1988)

91 Or.App. 619

In the matter of the Suspension of the Driving Privileges of Sheila Rogene VEILLEUX, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided June 22, 1988.

Attorney(s) appearing for the Case

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven L. Price, Hillsboro, argued the cause for respondent. With him on the brief was Steve L. Verhulst, Hillsboro.

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

VAN HOOMISSEN, Judge.

Motor Vehicles Division (MVD) appeals from a judgment reversing an order suspending petitioner's driving privileges for failing a breath test. ORS 813.410. The court held that there was no substantial evidence in the record that the officer who administered petitioner's breath test complied with the administrative rules governing its administration. The dispositive issue is whether OAR 257-30-020, which...

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