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CALDEIRA v. DMV

16-00-19864; A114042.

45 P.3d 489 (2002)

181 Or. App. 168

In the Matter of the Suspension of the Driving Privileges of Bradford Stephen CALDEIRA, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Appellant.

Court of Appeals of Oregon.

Decided May 1, 2002.

Attorney(s) appearing for the Case

Richard D. Wasserman, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

John Halpern, Jr., Eugene, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

The state appeals a judgment of the circuit court setting aside a final order of the Driver and Motor Vehicle Services Branch of the Department of Transportation (DMV) suspending petitioner's driving privileges for refusing to take a breath test. The state argues that the trial court erred in concluding that petitioner did not refuse to take the breath test. We agree and reverse and remand.

The relevant facts are not in dispute. Officer Halttunen...

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