WALLS v. DMV

9607-05710; CA A95929.

960 P.2d 888 (1998)

154 Or. App. 101

In the Matter of the Suspension of the Driving Privileges of Dickie Lynn WALLS, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES, Appellant.

Court of Appeals of Oregon.

Decided May 27, 1998.


Attorney(s) appearing for the Case

Michael C. Livingston, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Michael A. Greenlick, Portland, argued the cause and filed the brief for respondent.

Before WARREN, P.J., and EDMONDS, J., and BUTTLER, Senior J.


EDMONDS, Judge.

Driver and Motor Vehicles Services (DMV) appeals the circuit court's judgment vacating its order suspending petitioner Walls' driving privileges because of his refusal to take an Intoxilyzer breath test for blood alcohol content. In this administrative proceeding, the administrative law judge (ALJ) ruled that Walls had consented to perform field sobriety tests and had had an opportunity to consult with counsel before deciding whether he would submit...

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