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SIVIK v. DMV

07CV4753CC; A138782.

231 P.3d 1177 (2010)

235 Or. App. 358

In the Matter of the Suspension of the Driving Privileges of Edward Allen SIVIK, 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 19, 2010.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Samuel A. Kubernick, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting 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 driving under the influence of intoxicants (DUII), and, on judicial review, the circuit court affirmed the suspension. On appeal, petitioner contends that the suspension is invalid because the administrative law judge (ALJ) and circuit court erred in denying petitioner's motion to suppress evidence obtained after an officer detained defendant...

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