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RABBANI v. DMV

0112-12778; A118215.

65 P.3d 1130 (2003)

187 Or. App. 272

In the Matter of the Suspension of the Driving Privileges of Badr RABBANI, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), Appellant.

Court of Appeals of Oregon.

Decided April 3, 2003.

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 Mary H. Williams, Solicitor General.

Jon Faraday Strock, Gladstone, argued the cause and filed the brief for respondent.

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

PER CURIAM.

The Driver and Motor Vehicle Services Branch (DMV) appeals from a judgment that set aside its suspension of petitioner's driving privileges for his refusal to take a breath alcohol test. We reverse.

On appeal, petitioner raises no issues concerning his arrest or the information that the officer provided before asking him to take the breath test. DMV found that the officer asked petitioner to take a breath test and that he refused. The trial court...

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