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MOE v. MVD

No. 9304-02245; CA A81115.

889 P.2d 1334 (1995)

133 Or.App. 75

In the Matter of the Suspension of the Driving Privileges of Larry Lloyd MOE, Appellant, v. MOTOR VEHICLES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided February 15, 1995.

Attorney(s) appearing for the Case

Thomas K. Coan, Portland, argued the cause and filed the brief, for appellant.

Jas. Adams, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

LANDAU, Judge.

Plaintiff appeals the judgment of the trial court affirming a Motor Vehicle Division (MVD) license suspension order for refusing to submit to a breath test. ORS 813.100(3). We affirm.

The MVD hearings officer found the following facts, which plaintiff does not dispute. Plaintiff consumed three alcoholic beverages before getting into the passenger seat of his friend's parked car. His friend got into the driver's seat, put the keys in the ignition...

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