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OWENS v. MVD

CC91-25; CA A71116.

857 P.2d 144 (1993)

122 Or. App. 108

In the Matter of the Suspension of the driving privileges of Maurice Gene OWENS, Jr., Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted June 9, 1993.

Decided July 28, 1993.

Reconsideration Denied November 10, 1993.

Attorney(s) appearing for the Case

Ann Kelley, 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.

Steven L. Price, Hillsboro, argued the cause and filed the brief for respondent.

Resubmitted In Banc June 9, 1993.

DE MUNIZ, Judge.

The Motor Vehicle Division (MVD) appeals a circuit court judgment that reversed the hearings officer's order suspending petitioner's license. The issue is whether the accuracy and precision of breath testing equipment are issues that a driver may raise in a license suspension hearing under ORS 813.410(5)(c). We conclude that they are and that the hearings officer erred by refusing to admit relevant evidence...

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