Legal Opinion

Nelson v. Driver & Motor Vehicle Servs. (In re Nelson)

Court of Appeals of Oregon

Decided August 14, 2019No. A166526Published

1Opinion of the CourtAoyagi, J.

*64Petitioner was arrested for driving under the influence of intoxicants (DUII) and violating a restraining order. The arrest took place in petitioner's bedroom in a house where he was temporarily residing. After arresting him, the police asked petitioner to consent to a breath test, which he refused. As a result of that refusal, the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) proposed to suspend petitioner's driving privileges for three years. Petitioner requested a hearing before an administrative law judge (ALJ). After the hearing, the DMV ordered the…

2Cases cited10 opinions

  1. Pooler v. Motor Vehicles DivisionOregon Supreme Court · 1988
  2. State v. ReadyCourt of Appeals of Oregon · 1997
  3. State v. FreundCourt of Appeals of Oregon · 1990
  4. State v. BergCourt of Appeals of Oregon · 2008
  5. Pooler v. Motor Vehicles DivisionCourt of Appeals of Oregon · 1987

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