HAYES v. MVD

90C-11866-4; CA A68680.

833 P.2d 1329 (1992)

113 Or. App. 655

In the Matter of the Suspension of the Driving Privileges of Harlan Leroy HAYES, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided July 1, 1992.


Attorney(s) appearing for the Case

Meg E. Kieran, 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., Salem.

M. Chapin Milbank, Salem, argued the cause and filed the brief for respondent.

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


RICHARDSON, Presiding Judge.

The Motor Vehicles Division (MVD) proposed to suspend respondent's driver's license because a breath test had disclosed a blood alcohol level above .08 percent. ORS 813.100(3). He requested a hearing, contending, inter alia, that the arresting officer had no basis to stop his vehicle. The hearings referee concluded that the officer had lawfully stopped him. Respondent then sought circuit court review. ORS 813.450. The circuit court...

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