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WAHLGREN v. DMV

0305-05064; A123014.

102 P.3d 761 (2004)

196 Or. App. 452

In the Matter of the Suspension of the Driving Privileges of Anthony Michael WAHLGREN, Respondent, v. DEPARTMENT OF TRANSPORTATION, DRIVER & MOTOR VEHICLES SERVICES BRANCH (DMV), Appellant.

Court of Appeals of Oregon.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Richard Wasserman, Assistant Attorney General, argued the cause for appellant. On the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jill Smith, Assistant Attorney General.

John W. Neidig, Portland, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and HASELTON, Judge.

LANDAU, P.J.

In this implied consent case, the state appeals a judgment that set aside an order of the Department of Transportation, Driver and Motor Vehicle Services Branch (DMV) affirming the suspension of petitioner's driving privileges for refusing a blood test. The state argues that the trial court erred in setting aside DMV's order on a ground that was not preserved. We agree and reverse.

Although the state...

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