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BASILE v. DMV

(C980262CV; CA A103329)

1 P.3d 481 (2000)

167 Or. App. 335

In the Matter of the Suspension of the Driving Privileges of Michael Howard BASILE, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Appellant.

Court of Appeals of Oregon.

Decided May 17, 2000.

Attorney(s) appearing for the Case

Kelly Knivila, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance by respondent.

Before HASELTON, Presiding Judge, and WOLLHEIM and BREWER, Judges.

WOLLHEIM, J.

In this implied consent case, the Oregon Department of Transportation, Driver and Motor Vehicles Services Branch (DMV), appeals the circuit court's judgment setting aside its order suspending petitioner's driver's license after he refused to take a chemical breath test following his arrest for driving under the influence of intoxicants (DUII). ORS 813.410. Although this is an appeal from a judgment of the circuit court, we review DMV's order. Adams...

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