Cole v. Driver & Motor Vehicle Services Branch
Court of Appeals of Oregon
1Opinion of the CourtHaselton, P. J.
The Driver and Motor Vehicle Services Branch (DMV) appeals from the circuit court’s reversal of a DMV order affirming the suspension of petitioner’s driving privileges under ORS 813.410 for failure of an alcohol breath test in violation of ORS 813.100. DMV assigns error to the circuit court’s conclusion that petitioner’s due process rights were violated when petitioner was denied the opportunity to either subpoena or cross-examine “a critical witness so as to test the facts as stated by that witness in his police report.” We conclude that there was not substantial evidence to support the DMV…
2Cases cited6 opinions
- Reguero v. Teacher Standards & Practices CommissionOregon Supreme Court · 1991
- Johnson v. Civil Service BoardCourt of Appeals of Oregon · 1999
- Johnson v. Civil Service BoardCourt of Appeals of Oregon · 1999
- Suspension of the Driving Privileges of Hause v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1994
- Pierce v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1993
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3Cited by5 opinions
- In Re Complaint as to the Conduct of EadieOregon Supreme Court · 2001
- Supension of Driving Privileges of Cole v. Driver & Motor Vehicle Services BranchOregon Supreme Court · 2004
- Petteys v. Driver & Motor Vehicle Services BranchCourt of Appeals of Oregon · 2004
- Dinsmore v. Driver & Motor Vehicle Services BranchCourt of Appeals of Oregon · 2001
- Suspension of the Driving Privileges of Platt v. Department of Transportation, Driver & Motor Vehicle Services BranchCourt of Appeals of Oregon · 2003