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GILDROY v. MVD

8805-02824; CA A50042.

786 P.2d 757 (1990)

100 Or.App. 538

In the matter of the Suspension of the Driving Privileges of Rickey Gene GILDROY, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Jas. J. Adams, 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.

David D. Park, Portland, argued the cause and filed the brief, for respondent.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Motor Vehicles Division appeals from an order of the trial court that reversed the suspension of respondent's driving privileges for driving with a .17 percent blood alcohol level. ORS 813.450(4). We reverse.

Respondent was arrested for driving while under the influence. At the police station, he was asked to take a breath test. Before taking it, he asked if he could call his attorney. While he was using the telephone, he was observed by an...

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