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GAYLORD v. DRIVER AND MOTOR VEHICLE

A155084.

391 P.3d 900 (2017)

283 Or. App. 811

In the Matter of the Suspension of the Driving Privileges of Amanda Rae GAYLORD, Petitioner-Respondent, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), A DIVISION OF the DEPARTMENT OF TRANSPORTATION, Respondent-Appellant.

Court of Appeals of Oregon.

February 23, 2017.

Attorney(s) appearing for the Case

Rob Wilsey, Assistant Attorney General, argued the cause for appellant. On the briefs were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Daniel C. Lorenz, Portland, argued the cause and filed the briefs for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

The Driver and Motor Vehicle Services Division (DMV) appeals from a judgment that set aside an administrative order that suspended petitioner's driver's license for a year. The circuit court ruled that an administrative law judge (ALJ) had improperly excluded evidence of a urinalysis of a sample that petitioner gave the morning after...

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