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BROWN v. DMV

050808088; A130569.

185 P.3d 459 (2008)

219 Or. App. 607

In the Matter of the Suspension of the Driving Privileges of Chandra BROWN, Petitioner-Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), a division of the Department of Transportation, Respondent-Appellant.

Court of Appeals of Oregon.

Decided May 7, 2008.

Attorney(s) appearing for the Case

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Benjamin R. Hartman, Assistant Attorney General.

William Uhle argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

In this case, the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV), appeals the circuit court's judgment setting aside its order suspending petitioner's driver license after she refused to take a chemical breath test following her arrest for driving under the influence of intoxicants (DUII). ORS 813.410 (requiring DMV to suspend the driving privileges of an arrested driver who refuses to submit to a chemical breath...

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