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POMERENKE v. MVD

No. 9301-00157; CA A80472.

896 P.2d 1214 (1995)

134 Or. App. 630

In the Matter of the Suspension of the Driving Privileges of William Charles POMERENKE, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Harrison Latto, 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.

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

Before WARREN, P.J., and RICHARDSON, C.J., and LANDAU, J.

WARREN, Presiding Judge.

Motor Vehicles Division (MVD) appeals the circuit court's judgment reversing its order suspending petitioner's driving privileges after he failed a chemical breath test following his arrest for DUII. We affirm.

We state the facts consistent with the findings of the MVD hearings officer. Jasper v. MVD, 130 Or.App. 603, 605, 883 P.2d 244 (1994). Deputy Foster...

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