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BISSETT v. MVD

C-920013CV; CA A75084.

857 P.2d 913 (1993)

122 Or. App. 622

In the Matter of the Suspension of the Driving Privileges of Craig A. BISSETT, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided August 25, 1993.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

LEESON, Judge.

The Motor Vehicles Division (MVD) appeals a judgment of the circuit court vacating MVD's order suspending petitioner's1 driving privileges for refusal to take a chemical breath test. ORS 813.410. The circuit court held that the stop that preceded petitioner's arrest for driving under the influence of intoxicants (DUII) was invalid, because "[t]he record does not support a finding that petitioner was stopped for a traffic...

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