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MacDONALD v. DMV

022018; A119074.

81 P.3d 732 (2003)

191 Or. App. 180

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

Court of Appeals of Oregon.

Decided December 10, 2003.

Attorney(s) appearing for the Case

Lore Bensel, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

In this implied-consent case, the Driver and Motor Vehicle Services Division (DMV) appeals a judgment that modified an administrative order by reducing the period of suspension of petitioner's driving privileges from three years to one. The state argues that the period of suspension should be three years. We agree and therefore reverse and reinstate the original administrative order.

The relevant facts are not in dispute. In March 1998, petitioner...

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