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LAKE v. MVD

No. 16-94-01513; CA A84784.

892 P.2d 1025 (1995)

133 Or. App. 550

In the Matter of the Suspension of the Driving Privileges of Thomas LAKE, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided March 22, 1995.

Review Denied May 23, 1995.

Attorney(s) appearing for the Case

Richard D. Wasserman, Asst. Atty. Gen., argued the cause, for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Charles G. Duncan, Eugene, argued the cause and filed the brief, for respondent.

Before RIGGS, P.J., and RICHARDSON, C.J., and LEESON, J.

LEESON, Judge.

The Motor Vehicles Division (MVD) appeals from a circuit court judgment that set aside the hearings officer's order suspending petitioner's driver's license. It assigns error to the circuit court's ruling that a document entitled, "State Police Computer Record, Alcohol Breath Testing Equipment Certification," was not admissible, because the document did not satisfy the certification requirement of ORS 813.160(1)(b)(C). We review MVD's order, Oviedo...

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