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HAYS v. DMV

07015571M; A135543.

216 P.3d 902 (2009)

230 Or. App. 559

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.

Respondent's Response to Petition for Reconsideration July 21, 2009.

APPELLANT'S REPLY to Respondent's Response to Petition for Reconsideration July 24, 2009.

Decided September 2, 2009.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, for petition.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Rolf C. Moan, Assistant Attorney General, for response.

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

SCHUMAN, J.

Petitioner seeks reconsideration of the disposition in Hays v. DMV, 228 Or.App. 689, 209 P.3d 405 (2009). In that case, he appealed the suspension of his driver's license, arguing that the suspension was based on a breath test that was unlawfully obtained because the police officer who administered the test exceeded his authority by threatening to obtain a blood or urine sample...

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