WHALEY v. DMV

06CV0029; A133447.

208 P.3d 1019 (2009)

228 Or. App. 660

Justin James WHALEY, 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 27, 2009.


Attorney(s) appearing for the Case

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

Anne Whiteley, Bend, waived appearance for respondent.

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


ARMSTRONG, J.

The Department of Transportation, Driver and Motor Vehicle Services Division (DMV) appeals a circuit court judgment that set aside a DMV order that suspended petitioner's driving privileges for one year because petitioner had refused to submit to a breath test after being arrested for DUII. DMV contends that the circuit court erred in setting the suspension order aside because none of the issues raised by petitioner before the circuit court was raised...

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