Blackman v. Motor Vehicles Division

The Motor Vehicles Division proposed to suspend respondent’s driver’s license on the ground that he had refused to submit to a blood alcohol test. ORS 813.410. He requested a hearing under ORS 813.410(2), and the hearings officer upheld the suspension. Respondent then petitioned the circuit court for review pursuant to ORS 813.410(6). The circuit court reversed the order of suspension, ordered that respondent’s license be reinstated and awarded him attorney fees. Division appeals, and we reverse.

Respondent’s only contention at the MVD hearing and in the circuit court was that he did not have…