Walker v. Driver & Motor Vehicle Services Division

The Driver and Motor Vehicle- Services Division (DMV) appeals a circuit court judgment that set aside a DMV order that suspended petitioner’s driving privileges. Our task on appeal in this case is to review the underlying DMV order to determine whether DMV correctly applied the law and whether the order is supported by substantial evidence. See ORS 813.450(4); Staglin v. DMV, 227 Or App 240, 242, 205 P3d 90, rev den, 346 Or 364 (2009). Because we conclude that DMV did not err in determining that the arresting officer was unable to attend the originally scheduled suspension hearing because of…