Pomerenke v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals the circuit court’s judgment reversing its order suspending petitioner’s driving privileges after he failed a chemical breath test following his arrest for DUII. We affirm.

We state the facts consistent with the findings of the MVD hearings officer. Jasper v. MVD, 130 Or App 603, 605, 883 P2d 244 (1994). Deputy Foster notified the police dispatcher that he was following a Saab vehicle, driven by petitioner, and a Geo vehicle, which appeared to be traveling together. Foster told the dispatcher that the Geo “was all over the road.” He said nothing about the…