Martini v. Driver & Motor Vehicle Services (DMV)

The Driver and Motor Vehicle Services Divison of the Department of Transportation (DMV) appeals a circuit court judgment that modified the DMV’s final order suspending petitioner’s driving privileges for one year. The issue on appeal is the proper interpretation of ORS 813.430(2)(b)(C), which subjects a person to an increased license suspension for failing a breath test if the person has a recent “driving offense in another jurisdiction that involved operating a vehicle while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.” The DMV contends that the…