Legal Opinion
Wahlgren v. Department of Transportation
Court of Appeals of Oregon
Decided December 8, 2004No. 0305-05064; A123014PublishedCited by 11 opinions
1Opinion of the CourtLandau, P. J.
In this implied consent case, the state appeals a judgment that set aside an order of the Department of Transportation, Driver and Motor Vehicle Services Branch (DMV) affirming the suspension of petitioner’s driving privileges for refusing a blood test. The state argues that the trial court erred in setting aside DMVs order on a ground that was not preserved. We agree and reverse.
Although the state appeals a judgment of the circuit court, we review the DMV order directly for substantial evidence and errors of law. ORS 813.450(4); Robinson v. DMV, 191 Or App 122, 124, 80 P3d 536 (2003).
The DMV…
2Cases cited11 opinions
- State v. TerryOregon Supreme Court · 2001
- Thomas Creek Lumber & Log Co. v. Board of ForestryCourt of Appeals of Oregon · 2003
- Berwick v. Adult & Family Services DivisionCourt of Appeals of Oregon · 1985
- Bryant v. WalkerCourt of Appeals of Oregon · 2003
- State v. PalmerCourt of Appeals of Oregon · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Corcoran v. Board of NursingCourt of Appeals of Oregon · 2005
- Davis v. Driver & Motor Vehicle Services DivisionCourt of Appeals of Oregon · 2006
- Lake County v. Teamsters Local Union 223Court of Appeals of Oregon · 2006
- State v. Lopez-MinjarezCourt of Appeals of Oregon · 2017
- Baker v. DRIVER AND MOTOR VEHICLE SERVICES DIVISIONCourt of Appeals of Oregon · 2005
6 more not listed; retrieve them via the Exa API.