Legal Opinion
Tew v. Driver & Motor Vehicle Services Branch
Court of Appeals of Oregon
Decided February 13, 2002No. 00017; A111142PublishedCited by 3 opinions
1Opinion of the CourtEdmonds, P. J.
The Driver and Motor Vehicles Services Branch of the Department of Transportation (DMV) appeals from a judgment setting aside its suspension of petitioner’s driver’s license because of his refusal to submit to a breath alcohol test. The trial court held that there was not substantial evidence to support the hearing officer’s 1 order of suspension. We reverse and remand.
We take the facts from the hearing officer’s order, supplemented as relevant to our decision with the evidence at the hearing. About 12:50 on the morning of November 20, 1999, Sergeant Gomez of the Baker City Police Department…
2Cases cited13 opinions
- Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
- Armstrong v. Asten-Hill Co.Court of Appeals of Oregon · 1988
- Younger v. City of PortlandOregon Supreme Court · 1988
- Koskela v. Willamette Industries, Inc.Oregon Supreme Court · 2000
- State v. MatthewsOregon Supreme Court · 1994
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3Cited by3 opinions
- Suspension of the Driving Privileges of Gaylord v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2017
- Kaib's Roving R.Ph. Agency, Inc. v. Employment DepartmentCourt of Appeals of Oregon · 2002
- Efimoff v. Driver & Motor Vehicle Services Branch of Oregon Department of TransportationCourt of Appeals of Oregon · 2006