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STANLEY v. DMV

00C-20238; A118747.

89 P.3d 1186 (2004)

193 Or. App. 202

Jimmy Allen STANLEY, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH (DMV), Appellant.

Court of Appeals of Oregon.

Decided April 28, 2004.

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.

Gig Wyatt, Salem, argued the cause for respondent. With him on the brief was Harris, Wyatt & Amala.

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

EDMONDS, P.J.

The Driver and Motor Vehicles Services Division (DMV) appeals from a judgment of the circuit court reversing the DMV's suspension of petitioner's driving privileges for refusing to submit to a chemical breath test. We review the DMV's order for errors of law, ORS 813.450; Higgins v. MVD, 139 Or.App. 314, 317, 911 P.2d 950 (1996), and reverse and remand.

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