Legal Opinion
Hilton v. Motor Vehicles Division
Court of Appeals of Oregon
Decided October 12, 1988No. 45182; CA A38100PublishedCited by 5 opinions
1Opinion of the Court
*390NEWMAN, J.
The Motor Vehicles Division (MVD) appeals a judgment of the circuit court which set aside its order that suspended respondent’s driver’s license on the ground that he had failed a breath test. Former ORS 487.805.1 The court held that the statutory limitation of issues at the MVD hearing, which precluded respondent from attempting to prove that he had not been driving at the time of his arrest, violated the Due Process Clause of the Fourteenth Amendment. We affirm.
On May 13,1985, respondent was arrested for driving under the influence of intoxicants (DUII). The officer who stopped…
2Cases cited11 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Bell v. BursonSupreme Court of the United States · 1971
- State v. NewtonOregon Supreme Court · 1981
- State v. WagnerOregon Supreme Court · 1988
- Pooler v. Motor Vehicles DivisionOregon Supreme Court · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McIntyre v. CrouchCourt of Appeals of Oregon · 1989
- Hilton v. Motor Vehicles DivisionOregon Supreme Court · 1989
- Owens v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1993
- Hilton v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1988
- McIntyre v. CrouchCourt of Appeals of Oregon · 1989