Wimmer v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals from the circuit court judgment on remand from this court, Wimmer v. MVD, 75 Or App 287, 706 P2d 182, rev den 300 Or 367 (1985), which reinstates MVD’s order of suspension, suspending petitioner’s driving privileges for one year, as required by ORS 482.545(1). MVD argues that the trial court, which had previously vacated the suspension order, erred on remand by reinstating it in its original form instead of ordering petitioner’s driving privileges suspended for an additional 320 days. Due to the lapse in time, the net effect of the vacation and…