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JASPER v. MOTOR VEHICLES DIV.

92-2128; CA A77902.

883 P.2d 244 (1994)

130 Or. App. 603

In the Matter of the Suspension of the Driving Privileges of Patrick William JASPER, Respondent, v. MOTOR VEHICLES DIVISION, Appellant.

Court of Appeals of Oregon.

Decided October 19, 1994.

Attorney(s) appearing for the Case

Douglas F. Zier, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Elizabeth A. Baldwin, Astoria, argued the cause for respondent.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

DEITS, Presiding Judge.

Motor Vehicles Division (MVD) appeals the circuit court's judgment reversing its order suspending petitioner's driving privileges after he refused to submit to a chemical breath test following his arrest for driving under the influence of intoxicants (DUII). MVD argues that the circuit court erred in setting aside the suspension order. We affirm.

We state the facts consistently with the findings of the MVD hearings officer. On June...

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