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TEAGUE v. MVD

91-02-29CV; CA A72063.

860 P.2d 905 (1993)

124 Or. App. 25

In the Matter of the Suspension of the Driving Privileges of Nathanael Loin TEAGUE, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

David B. Hydes, Canyon City, filed the brief for respondent.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

The Motor Vehicles Division (MVD) appeals a circuit court judgment reversing an MVD order that suspended petitioner's driving privileges. We reverse.

MVD suspended petitioner's driving privileges after he had submitted to a chemical breath test that showed that his blood alcohol level exceeded .08 percent, in violation of ORS 813.010. Petitioner requested and received an administrative hearing, at which he relied on the "choice of...

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