Blaisdell v. Motor Vehicles Division

The Motor Vehicles Division (MVD) appeals a circuit court judgment that vacated its order suspending petitioner’s driver’s license. We review to determine whether MVD erred as a matter of law in concluding that the arresting officer was prevented from attending a scheduled suspension hearing because of an “official duty conflict.” See ORS 813.450. We conclude that MVD did err and affirm the circuit court’s judgment vacating MVD’s order.

Petitioner was arrested for driving under the influence of intoxicants. MVD scheduled a hearing on the suspension of petitioner’s driver’s license for May 16,…