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FISHER v. DMV

16-04-01239; A124343.

125 P.3d 85 (2005)

203 Or. App. 202

In the Matter of the Suspension of the Driving Privileges of Lisa Ann FISHER, Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), Appellant.

Court of Appeals of Oregon.

Decided December 14, 2005.

Attorney(s) appearing for the Case

Steven R. Powers, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

The Oregon Department of Transportation, Driver and Motor Vehicles Services Branch (DMV), appeals the circuit court's judgment setting aside its order suspending petitioner's driving privileges after she refused to take a chemical breath test following her arrest for driving under the influence of intoxicants (DUII). ORS 813.120(1); ORS 813.410(1). The circuit court determined that DMV's findings were not supported by substantial evidence in the record...

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