Warner v. Motor Vehicles Division

The Motor Vehicles Division (MVD) appeals from a judgment of the circuit court reversing MVD’s suspension of petitioner’s driving privileges pursuant to ORS 813.410 for refusal to take a breath test. We review MVD’s order for substantial evidence and errors of law, ORS 813.450(4); Shakerin v. MVD, 101 Or App 357, 360, 790 P2d 1180 (1990), and reverse.

On October 6, 1992, Deputy Rice of the Washington County sheriffs office was contacted by a person who informed him that her vehicle had just been struck by a pickup truck at the intersection of Highway 8 and 345th Avenue. She reported that after…