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GAYLORD v. DRIVER AND MOTOR VEHICLE

A155084.

391 P.3d 900 (2017)

283 Or. App. 811

In the Matter of the Suspension of the Driving Privileges of Amanda Rae GAYLORD, Petitioner-Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), A DIVISION OF the DEPARTMENT OF TRANSPORTATION, Respondent-Appellant.

Court of Appeals of Oregon.

February 23, 2017.

Attorney(s) appearing for the Case

Rob Wilsey , Assistant Attorney General, argued the cause for appellant. On the briefs were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Denise G. Fjordbeck , Assistant Attorney General.

Daniel C. Lorenz , Portland, argued the cause and filed the briefs for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

The Driver and Motor Vehicle Services Division (DMV) appeals from a judgment that set aside an administrative order that suspended petitioner's driver's license for a year. The circuit court ruled that an administrative law judge (ALJ) had improperly excluded evidence of a urinalysis of a sample that petitioner gave the morning after...

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