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EFIMOFF v. DMV

03C-13919; A122418.

131 P.3d 814 (2006)

204 Or. App. 648

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

Court of Appeals of Oregon.

Decided March 15, 2006.

Attorney(s) appearing for the Case

Bethany Cunningham, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Thomas D. Cobb, Assistant Attorney General.

Kenneth E. Kahn II, Portland, argued the cause for respondent. With him on the brief was Kahn & Ifversen, Attorneys, L.L.P.

Before LINDER, PRESIDING JUDGE, and HASELTON and ORTEGA, Judges.

ORTEGA, J.

Respondent Driver and Motor Vehicle Services (DMV) appeals a circuit court judgment that reversed the Department of Transportation's final order suspending petitioner's driving privileges. The issue before us is the validity of a police officer's stop, under ORS 810.410(3)(b), when the officer observed petitioner commit a traffic violation and stopped him with the intention of talking about the violation rather than with a specific intention to issue a...

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