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FLEMING v. MOTOR VEHICLES DIVISION

CC86-2078; CA41223.

743 P.2d 764 (1987)

87 Or.App. 613

In the matter of the Suspension of the Driving Privileges of Mary Kathleen FLEMING, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 7, 1987.

Attorney(s) appearing for the Case

Jerome Lidz, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Linda DeVries Grimms, Asst. Atty. Gen., Salem.

Elizabeth A. Baldwin, Astoria, waived appearance for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Motor Vehicle Division (MVD) appeals from a judgment which reversed the hearings officer's affirmance of the suspension of petitioner's license. ORS 813.410. We reverse.

MVD sought to suspend the license under ORS 813.410. Petitioner requested an administrative hearing, in which she argued that the suspension was invalid because the police officer who administered the blood alcohol test did not physically "possess" a permit, as ORS 814.410(4...

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