TEW v. DMV

00017; A111142.

40 P.3d 551 (2002)

179 Or. App. 443

In the Matter of the Suspension of the Driving Privileges of Kenneth Leroy TEW, Respondent, v. DRIVER & MOTOR VEHICLE SERVICES BRANCH (DMV), Appellant.

Court of Appeals of Oregon.

Decided February 13, 2002.


Attorney(s) appearing for the Case

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

Alan J. Schmeits, Baker City, argued the cause for respondent. With him on the brief was Silven, Schmeits & Vaughan.

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


EDMONDS, P.J.

The Driver and Motor Vehicles Services Branch of the Department of Transportation (DMV) appeals from a judgment setting aside its suspension of petitioner's driver's license because of his refusal to submit to a breath alcohol test. The trial court held that there was not substantial evidence to support the hearing officer's1 order of suspension. We reverse and remand.

We take the facts from the hearing officer's...

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