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WALKER v. DRIVER AND MOTOR VEHICLE SERVICES

C103993CV; A147095.

295 P.3d 167 (2013)

254 Or. App. 543

In the Matter of the Suspension of the Driving Privileges of Scott Richard WALKER, 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 January 16, 2013.

Attorney(s) appearing for the Case

Carolyn Alexander , Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.

DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS

ARMSTRONG, P.J.

The Driver and Motor Vehicle Services Division (DMV) appeals a circuit court judgment that set aside a DMV order that suspended petitioner's driving privileges. Our task on appeal in this case is to review the underlying DMV order to determine whether DMV correctly applied the law and whether the order is supported by substantial evidence. See ORS 813.450(4); Staglin v. DMV,

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