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BROWN v. MVD

9603-02371; CA A94340.

967 P.2d 919 (1998)

157 Or. App. 167

In the Matter of the Suspension of the Driving Privileges of Kenneth E. BROWN, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1998.

Attorney(s) appearing for the Case

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

James D. Huffman, Portland, argued the cause for respondent. With him on the brief was Olsen, Huffman & Horn.

Before RIGGS, P.J. Pro Tem., and De MUNIZ and LANDAU, JJ.

RIGGS, Presiding Judge Pro Tem.

In this implied consent case, Motor Vehicles Division (MVD) appeals a circuit court judgment reversing its order suspending petitioner's driving privileges for refusing to take a breath test following his arrest for Driving Under the Influence of Intoxicants (DUII). ORS 813.410. The circuit court reversed MVD's order on the ground that the arresting officer lacked probable cause to arrest petitioner. We reverse and remand with instructions...

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