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COLE v. DMV

(9902-01073; CA-A108349)

17 P.3d 573 (2001)

172 Or. App. 132

In the Matter of the Suspension of the Driving Privileges of Daniel Boyd COLE, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES BRANCH, Appellant.

Court of Appeals of Oregon.

Decided January 24, 2001.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Richard Lee Barton, Portland, argued the cause for respondent. With him on the brief was Wayne Mackeson, Portland.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and LIPSCOMB, Judge pro tempore.

HASELTON, P.J.

The Driver and Motor Vehicle Services Branch (DMV) appeals from the circuit court's reversal of a DMV order affirming the suspension of petitioner's driving privileges under ORS 813.410 for failure of an alcohol breath test in violation of ORS 813.100. DMV assigns error to the circuit court's conclusion that petitioner's due process rights were violated when petitioner was denied the opportunity to either subpoena or cross-examine "a critical witness...

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