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JOHNSON v. DMV

11CV0577; A150353.

322 P.3d 1157 (2014)

261 Or. App. 641

Brocklen N. JOHNSON, Petitioner-Appellant, v. DRIVER AND MOTOR VEHICLES SERVICES DIVISION (DMV), a division of the Department of Transportation, Respondent-Respondent.

Court of Appeals of Oregon.

Decided March 26, 2014.

Attorney(s) appearing for the Case

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

Rebecca M. Johansen , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

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

ARMSTRONG, P.J.

The Driver and Motor Vehicle Services Division of the Oregon Department of Transportation (DMV) suspended petitioner's driver's license after he refused to submit to a breath test when he was arrested for driving under the influence of intoxicants (DUII). See ORS 813.410(1) (requiring DMV to suspend a person's driving privileges if notified by police report under ORS 813.120 of the person's refusal to take breath test unless, after hearing,...

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