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MATTER OF NELSON

A166526.

447 P.3d 1212 (2019)

299 Or. App. 62

In the MATTER OF the Suspension of the Driving Privileges of Joseph Andrew Nelson. Joseph Andrew Nelson, Petitioner-Appellant, v. Driver and Motor Vehicle Services (DMV), a Division of the Department of Transportation, Respondent-Respondent.

Court of Appeals of Oregon.

August 14, 2019.

Attorney(s) appearing for the Case

Thaddeus Betz filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Adam Holbrook , Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Petitioner was arrested for driving under the influence of intoxicants (DUII) and violating a restraining order. The arrest took place in petitioner's bedroom in a house where he was temporarily residing. After arresting him, the police asked petitioner to consent to a breath test, which he refused. As a result of that refusal, the Driver...

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