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WINROTH v. DMV

CV94415; CA A88259.

915 P.2d 991 (1996)

140 Or. App. 622

In the Matter of the Suspension of the Driving Privileges of Ronald Sidney WINROTH, Appellant, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH OF THE OREGON DEPARTMENT OF TRANSPORTATION (DMV), Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted March 6, 1996.

Decided May 1, 1996.

Attorney(s) appearing for the Case

J. Mark Lawrence, McMinnville, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Stephen L. Madkour, Assistant Attorney General, filed the brief for respondent.

Resubmitted in Banc March 6, 1996.

ARMSTRONG, Judge.

In the early morning hours of September 27, 1994, petitioner was arrested for driving on a public highway while under the influence of intoxicants. ORS 813.010. His driving privileges were subsequently suspended pursuant to ORS 813.410 after the Department of Driver and Motor Vehicle Services (MVD) held a hearing and determined that he had been lawfully arrested and had had a chemical breath test result...

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