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STAGLIN v. DMV

060403651; A133608.

205 P.3d 90 (2009)

227 Or. App. 240

In the Matter of the Suspension of the Driving Privileges of Garen K. STAGLIN, 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 April 1, 2009.

Attorney(s) appearing for the Case

Heather A. Vogelsong, Assistant Attorney General, argued the cause for appellant. On the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kaye E. McDonald, Senior Assistant Attorney General.

John Henry Hingson III, Oregon City, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

The Driver and Motor Vehicle Services Division (DMV) appeals a judgment setting aside an order suspending petitioner's driving privileges. We review the order directly for substantial evidence and errors of law. ORS 813.450(4); Davis v. DMV, 209 Or.App. 39, 41, 146 P.3d 378 (2006), rev. den., 342 Or. 344, 153 P.3d 123

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