Cibula v. Driver & Motor Vehicle Services Branch

The Oregon Department of Transportation, Driver and Motor Vehicles Services Branch (DMV), appeals the circuit court’s judgment setting aside its order suspending petitioner’s driving privileges after he refused to take a chemical breath test following his arrest for driving under the influence of intoxicants (DUII). ORS 813.130(3); ORS 813.410(1). The circuit court determined that certain findings in DMVs order were not supported by substantial evidence and that, without those findings, the record failed to establish that the stop that culminated in petitioner’s arrest was based on…