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ALTREE v. MVD

92-CV-0134-MS; CA A75688.

865 P.2d 441 (1993)

125 Or. App. 215

In the Matter of the Suspension of the Driving Privileges of Richard K. ALTREE, Jr., Respondent-Cross-Appellant, v. MOTOR VEHICLES DIVISION, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Diane S. Lefkow, Asst. Atty. Gen., argued the cause, for appellant-cross-respondent. With her on the briefs were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Michael W. Seidel, Bend, argued the cause and filed the brief, for respondent-cross-appellant.

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

DURHAM, Judge.

Motor Vehicles Division (MVD) appeals a judgment reversing its order suspending petitioner's driving privileges for failing a breath test. ORS 813.010; ORS 813.410. We review MVD's order for substantial evidence and errors of law. ORS 813.450(4); Shakerin v. MVD, 101 Or.App. 357, 360, 790 P.2d 1180 (1990).

A police officer arrested petitioner for driving under the...

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