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CARNEY v. MVD

88C-11787; CA A60012.

786 P.2d 1319 (1990)

100 Or.App. 533

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

Court of Appeals of Oregon.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia Linder, Sol. Gen., Salem.

J.P. Harris, II, Salem, waived appearance for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Motor Vehicles Division (MVD) appeals from an order of the trial court setting aside MVD's suspension of petitioner's driving privileges. ORS 813.410. We reverse.

Petitioner was arrested for DUII. He took a breath test that indicated that his blood alcohol content was over the legal limit. As a result, MVD suspended his driver's license. Petitioner requested an administrative hearing in order to challenge the suspension. Petitioner subpoenaed...

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