Luth v. Motor Vehicles Division

*139RICHARDSON, P. J.

Petitioner’s driver’s license was suspended, because he did not submit to a breath test pursuant to former ORS 482.541 (now ORS 813.410). He requested a hearing, and the Motor Vehicles Division upheld the suspension. The Circuit Court, on review of the hearings officer’s decision under former ORS 482.541(6), reversed the suspension. MVD appeals.

The judgment provides, in material part:

“1. The petitioner was not allowed an opportunity to candidly and confidentially communicate with his attorney before deciding whether or not to take the breath test due to the fact the police…