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HIGGINS v. MVD

9408-05840; CA A87173.

911 P.2d 950 (1996)

139 Or. App. 314

In the Matter of the Suspension of the Driving Privileges of Christy Hall HIGGINS, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided February 21, 1996.

Attorney(s) appearing for the Case

Janie M. Burcart, Assistant Attorney General, argued the cause for appellant. With her on the brief were 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.

The Motor Vehicles 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 affirm.

On July 2, 1994, Portland police officers arrested petitioner for driving under the influence of intoxicants (DUII), ORS 813.010. At the jail, petitioner refused officer Larson's request that she submit to a chemical breath test. MVD suspended...

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