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HOEFLING v. MVD

88-8-272; CA A50800.

799 P.2d 176 (1990)

104 Or.App. 11

In the matter of the Suspension of the Driving Privileges of Douglas Jay HOEFLING, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven B. Andersen, Oregon City, argued the cause and filed the brief for respondent.

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

RICHARDSON, Presiding Judge.

Respondent's driver's license was suspended, because he refused to submit to a breath test pursuant to ORS 813.410(1). He requested a hearing, and the Motor Vehicles Division (MVD) upheld the suspension. The circuit court, on review of the hearings officer's decision under ORS 813.410(7), concluded that respondent had not been given a reasonable opportunity to confer with his attorney before deciding whether to take the breath test and...

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