LAWRIE v. MVD

9311-07261; CA A84141.

895 P.2d 790 (1995)

134 Or. App. 575

In the Matter of the Suspension of the Driving Privileges of James E. LAWRIE, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided May 24, 1995.


Attorney(s) appearing for the Case

Kaye E. Sunderland, Asst. Atty. Gen., argued the cause for appellant. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Jenny Cooke, Portland, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


ARMSTRONG, Judge.

The Motor Vehicles Division (MVD) appeals a circuit court judgment that vacated an MVD order that suspended petitioner's driving privileges. The issue is whether evidence of a police officer's failure to afford petitioner an opportunity to seek an independent blood test is relevant in his license suspension hearing. The circuit court held that it was, and vacated the suspension order. We reverse.

The facts are not in dispute: Petitioner was...

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