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OVIEDO v. MVD

88-10-22439-A; CA A60128.

792 P.2d 1244 (1990)

102 Or.App. 110

In the matter of the Suspension of the Driving Privileges of Patrick Herman OVIEDO, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided June 6, 1990.

Attorney(s) appearing for the Case

Diane S. Lefkow, 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.

M. Mark Kemp, Burns, Wm. J. Brauner, and Brauner, Coffel & Young, P.A., Caldwell, Idaho, filed the brief for respondent.

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

DEITS, Judge.

Motor Vehicles Division (MVD) suspended respondent's driving privileges because he took a breath test that registered over .08 percent alcohol. ORS 813.400. The trial court set aside MVD's order on the basis that it was not proven that he was under arrest for DUII or knew that he was under arrest for DUII at the time defendant took the breath test. MVD appealed the circuit court order, and we reverse.

Nyssa police officers Marks and Francis were...

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