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FISCHER v. MVD

88-2152; CA A51139.

792 P.2d 445 (1990)

101 Or.App. 580

In the matter of the Suspension of the Driving Privileges of Wesley Dale FISCHER, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Katherine H. Waldo, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Michael D. Reynolds, Asst. Atty. Gen., Salem.

Steven H. Gorham, Salem, argued the cause for respondent. On the brief was Wesley S. Johnson, Longview, Washington.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

The Motor Vehicles Division appeals a judgment that reversed a hearings officer's order that had suspended respondent's driving privileges for refusing to take a chemical breath test. ORS 813.410. The hearings officer concluded that there had been reasonable suspicion to support the stop and that the arrest was valid. The court held that the stop was invalid, because there was not substantial evidence at the hearing that the officer had had a reasonable...

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