Bish v. Motor Vehicles Division

In this implied consent case, Motor Vehicles Division (MVD) appeals a judgment reversing the hearings officer’s order suspending respondent’s driving privileges. ORS 813.410. We reverse.

On October 21, 1987, a dispatcher informed Officer Logsdon that Officer Pendleton, who was in an unmarked car and not in uniform, was following an intoxicated driver. Following the dispatcher’s information, Logsdon was able to locate Pendleton and respondent on Marine Drive, where he saw respondent pull over to the curb on his own initiative, followed by Pendleton. As respondent began to pull away from the…