Fischer v. Motor Vehicles Division

The Motor Vehicles Division appeals a judgment that reversed a hearings officer’s order that had suspended respondent’s driving privileges for refusing to take a chemical breath test. ORS 813.410. The hearings officer concluded that there had been reasonable suspicion to support the stop and that the arrest was valid. The court held that the stop was invalid, because there was not substantial evidence at the hearing that the officer had had a reasonable suspicion that respondent was driving under the influence of intoxicants. We reverse.

Officer Cade was the only witness before the hearings…