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HILTON v. MVD

TC 45182; CA A38100; SC S35799.

775 P.2d 1378 (1989)

308 Or. 150

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

Supreme Court of Oregon, In Banc.

Decided June 27, 1989.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, filed the petition for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

No appearance contra.

GILLETTE, Justice.

In this driver's license suspension proceeding, we allowed review to interpret the statutes governing the hearing process for suspending the driver's license of a licensee who failed a sobriety test. The issue is whether the Motor Vehicles Division (MVD) must consider as an issue at that hearing the licensee's claim that he was not driving at the time the police stopped his car and ordered him to submit to a breath test. We hold that the issue of...

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