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HAYS v. DRIVER AND MOTOR VEHICLE SERVICES

07015571M; A135543.

209 P.3d 405 (2009)

228 Or. App. 689

In the Matter of the SUSPENSION OF the DRIVING PRIVILEGES OF Ryan Eric HAYS, Petitioner-Appellant, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), a division of the DEPARTMENT OF TRANSPORTATION, Respondent-Respondent.

Court of Appeals of Oregon.

Decided May 27, 2009.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause and filed the briefs for appellant.

Rolf C. Moan, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

SCHUMAN, J.

The Driver and Motor Vehicle Services Division (DMV) ordered the suspension of petitioner's driver's license for failing a chemical breath test, and, on judicial review, the circuit court affirmed the suspension. On appeal, petitioner contends that the suspension is invalid because the breath sample was obtained as the result of a process that did not conform to statutory requirements; according to petitioner, the officer who presented petitioner with...

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