Moe v. Motor Vehicles Division

Plaintiff appeals the judgment of the trial court affirming a Motor Vehicles Division (MVD) license suspension order for refusing to submit to a breath test. ORS 813.100(3). We affirm.

The MVD hearings officer found the following facts, which plaintiff does not dispute. Plaintiff consumed three alcoholic beverages before getting into the passenger seat of his friend’s parked car. His friend got into the driver’s seat, put the keys in the ignition, then changed his mind and got out of the car to urinate. Meanwhile, plaintiff wanted to open the car’s electric windows. He turned on the ignition,…