Owens v. Motor Vehicles Division

The Motor Vehicle Division (MVD) appeals a circuit court judgment that reversed the hearings officer’s order suspending petitioner’s license. The issue is whether the accuracy and precision of breath testing equipment are issues that a driver may raise in a license suspension hearing under ORS 813.410(5)(c). We conclude that they are and that the hearings officer erred by refusing to admit relevant evidence that petitioner attempted to present on those subjects. Accordingly, we remand to MVD for reconsideration.

The facts are not in dispute. On March 12, 1991, petitioner was driving a…