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OWENS v. MVD

CC CC91-25; CA A71116; SC S40687.

875 P.2d 463 (1994)

319 Or. 259

In the Matter of the Suspension of the Driving Privileges of Maurice Gene OWENS, Jr., Respondent on Review, v. MOTOR VEHICLES DIVISION, Petitioner on Review.

Supreme Court of Oregon.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause on behalf of petitioner on review. With her on the petition were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven L. Price, Hillsboro, argued the cause and filed a response on behalf of respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

UNIS, Justice.

This case involves the scope of a Motor Vehicles Division (MVD) license suspension hearing under ORS 813.410(5).1 Specifically, the issue presented in this case is whether the accuracy of the result of a chemical breath test administered to determine the blood alcohol content of a driver, who has been arrested for driving a commercial motor vehicle while under the influence of intoxicants (DUII), may be challenged (impeached...

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