Efimoff v. Driver & Motor Vehicle Services Branch of Oregon Department of Transportation

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 citation. On appeal, we review the agency’s order, not the judgment of the circuit court. Tew v. DMV, 179 Or App 443, 448, 40 P3d 551 (2002).…