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COBINE v. MOTOR VEHICLES DIV.

89P-1027; CA A61524.

792 P.2d 469 (1990)

102 Or.App. 17

In the matter of the Suspension of the Driving Privileges of Donald Richard COBINE, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided May 30, 1990.

Attorney(s) appearing for the Case

Katherine H. Waldo, 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.

J. Michael Alexander, Salem, argued the cause for respondent. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, P.C., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

The circuit court vacated the order of the Motor Vehicles Division (MVD) suspending petitioner's driving privileges. MVD appeals, arguing that substantial evidence supports its order and that petitioner received timely notice of the hearing procedures. We reverse.

Officer Tallen stopped petitioner's vehicle and smelled alcohol on his breath. During field sobriety tests, petitioner said that he had a war wound in his stomach and some problems...

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