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EZZELL v. DMV

(992263; CA A108381)

17 P.3d 516 (2000)

In the Matter of the Suspension of the Driving Privileges of Duane Lee EZZELL, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Appellant.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

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

William O. Bassett filed the brief for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

The Oregon Driver and Motor Vehicle Services Branch (DMV) appeals from the circuit court's reversal of a DMV order that suspended petitioner's driver's license under ORS 813.410 for failure of an alcohol breath test in violation of ORS 813.100(1).1 DMV assigns error to the circuit court's determination that the investigating officer "did not have probable cause to arrest petitioner prior to requesting him to perform a breath...

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