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FARLEY v. MOTOR VEHICLES DIV.

94-CV0024-15; CA A85553.

905 P.2d 248 (1995)

137 Or. App. 492

In the Matter of the Suspension of the Driving Privileges of Marvin D. FARLEY, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided November 8, 1995.

Attorney(s) appearing for the Case

Janie M. Burcart, Assistant Attorney General, argued the cause for appellant. With her on the brief was Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Robert Thuemmel, Portland, argued the cause for respondent. With him on the brief was Thuemmel & Uhle.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Motor Vehicle's Division (MVD) appeals from a judgment of the circuit court reversing MVD's suspension of petitioner's driving privileges for refusing to submit to a chemical breath test. We review MVD's order for substantial evidence and errors of law, ORS 813.450(4); Warner v. MVD, 126 Or.App. 164, 166, 868 P.2d 6 (1994), and reverse.

At approximately 5:00 a.m., on March 15, 1994, Officer Azbill...

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