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ROBINSON v. DMV

02CV1161CC; A119760.

80 P.3d 536 (2003)

191 Or. App. 122

In the Matter of the Suspension Of The Driving Privileges of Michelle Frances ROBINSON, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), acting by and through the DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Oregon.

Decided November 26, 2003.

Attorney(s) appearing for the Case

David F. Coursen, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Charles F. Lee, Roseburg, argued the cause for respondent. With him on the brief was Lee & Kaser, P.C.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and SCHIVELEY, Judge pro tempore.

SCHIVELEY, J. Pro Tempore.

The state appeals a judgment of the circuit court setting aside a final order of the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) that suspended petitioner's driving privileges for refusing to submit a urine sample. The state argues that the trial court erred in ruling that petitioner did not refuse the officer's request for a urine sample. We agree and reverse...

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