Shakerin v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals the circuit court’s judgment vacating its order suspending petitioner’s driving privileges pursuant to ORS 813.410. It contends that petitioner’s refusal to take a breath test was voluntary and that he had had a reasonable opportunity to contact counsel. We reverse.

We state the facts consistently with the findings of the hearings officer. See ORS 813.450(4)(c). Trooper Olsen arrested petitioner for driving under the influence of intoxicants at about 2:45 a.m. Petitioner asked permission to call an attorney, and Olsen told him that he could when they had…