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POOLER v. MVD

85-547-CV; CA A41560.

746 P.2d 716 (1987)

88 Or.App. 475

In the matter of the Suspension of the Driving Privileges of Robert Allen POOLER, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided December 2, 1987.

Reconsideration Denied January 29, 1988.

Attorney(s) appearing for the Case

Timothy A. Sylvester, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Mike Ratliff and Park & Ratliff, Klamath Falls, filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Motor Vehicles Division (MVD) appeals from an order that reversed an order suspending respondent's driving privileges. We affirm.

On June 29, 1985, at approximately 2:40 a.m., respondent approached a DUII roadblock checkpoint and made a legal U-turn before reaching it. Officer Hawkins was assigned to stop vehicles that appeared to be avoiding the roadblock. Hawkins stopped respondent, noticed an odor of alcohol and asked him to perform field...

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