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GILLIAM v. DMV

000369CV; A110901

36 P.3d 509 (2001)

178 Or. App. 267

In the Matter of the Suspension of the Driving Privileges of Hal Scott GILLIAM, Respondent, v. OREGON DEPARTMENT OF TRANSPORTATION, Driver and Motor Vehicles Services Branch (DMV), Appellant.

Court of Appeals of Oregon.

Decided December 5, 2001.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jim Carpenter argued the cause for respondent. With him on the brief was Kilpatricks, Mount Vernon.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

The Driver and Motor Vehicles Services Branch (DMV) appeals from a judgment that reversed DMV's suspension of petitioner's driving privileges. DMV imposed the suspension on the ground that petitioner had refused to take a breath test under circumstances that subjected him to suspension of his driving privileges for the refusal. The trial court reversed the suspension on the ground that the police officer who had administered the breath test had failed...

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