Hays v. Driver & Motor Vehicle Services Division

Petitioner seeks reconsideration of the disposition in Hays v. DMV, 228 Or App 689, 209 P3d 405 (2009). In that case, he appealed the suspension of his driver’s license, arguing that the suspension was based on a breath test that was unlawfully obtained because the police officer who administered the test exceeded his authority by threatening to obtain a blood or urine sample if petitioner refused. We agreed that the test was unlawfully obtained and held that, if the unauthorized threat in fact induced petitioner’s consent to the breath test, the results could not be used against him. Because…