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MATTER OF SUSPENSION OF DRIVING PRIVILEGES OF ANDERSON v. MOTOR VEHICLES DIVISION

91-2059; CA A72307.

840 P.2d 1328 (1992)

116 Or. App. 179

In the Matter of the Suspension of the Driving Privileges of Gary Neil ANDERSON, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Mary H. Williams, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Diane S. Lefkow, Asst. Atty. Gen., Salem.

Steven B. Reed, Rainier, argued the cause for respondent. With him on the brief was Petersen & Reed, Rainier.

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

RIGGS, Judge.

Motor Vehicles Division (MVD) appeals from a circuit court judgment vacating an MVD order suspending petitioner's driver's license for refusal to take a breath test. ORS 813.130(2)(c). We review MVD's order for substantial evidence and errors of law. Lacey v. MVD, 108 Or.App. 187, 812 P.2d 48 (1991). MVD contends that petitioner was not denied an opportunity to contact counsel. We agree and reverse.

Petitioner...

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