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BERGSTROM v. MVD

88-12-40; CA A60276.

799 P.2d 673 (1990)

104 Or.App. 141

In the matter of the Suspension of the Driving Privileges of Raymond Lee BERGSTROM, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 24, 1990.

Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause, for appellant. With him on the briefs, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Thomas L. Lafollett, Canby, argued the cause, for respondent. On the brief, were Michael J. Clancy and Clancy and Slininger, Canby.

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

RICHARDSON, Presiding Judge.

Respondent's driver's license was suspended, because he refused to submit to a breath test. ORS 813.410(1). He requested a hearing, and the Motor Vehicles Division (MVD) upheld the suspension. On review of the hearings officer's decision under ORS 813.410(7), the circuit court vacated the suspension because it concluded that respondent had not refused to take the test. We reverse.

The facts are not disputed. Respondent was arrested...

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