Farley v. Motor Vehicles Division

Motor Vehicle’s Division (MVD) appeals from a judgment of the circuit court reversing MVD’s suspension of petitioner’s driving privileges for refusing to submit to a chemical breath test. We review MVD’s order for substantial evidence and errors of law, ORS 813.450(4); Warner v. MVD, 126 Or App 164, 166, 868 P2d 6 (1994), and reverse.

At approximately 5:00 a.m., on March 15, 1994, Officer Azbill of the Prineville Police Department stopped petitioner, who was driving a pickup truck in an erratic manner. After administering some field sobriety tests, Azbill arrested petitioner for driving under…