Moore v. State

In this proceeding under the Implied Consent Law,1 the Motor Vehicles Division seeks to suspend petitioner’s operator’s license for 120 days because of his refusal to submit to a chemical breath test following his arrest for driving while under the influence of intoxicants. After a hearing before MVD, petitioner appealed the agency’s suspension order to the circuit court for a trial de novo pursuant to ORS 482.560.2 He now seeks reversal of the circuit court’s order dismissing his petition. We reverse.

Petitioner raises three questions on appeal, only one of which needs to be addressed:…