Carney v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals from an order of the trial court setting aside MVD’s suspension of petitioner’s driving privileges. ORS 813.410. We reverse.

Petitioner was arrested for DUII. He took a breath test that indicated that his blood alcohol content was over the legal limit. As a result, MVD suspended his driver’s license. Petitioner requested an administrative hearing in order to challenge the suspension. Petitioner subpoenaed duces tecum the arresting officer (Vandermueler) and another officer (Pikl) who had accompanied petitioner to the restroom before the beginning of a…