Pierce v. Motor Vehicles Division

Motor Vehicles Division (MVD) appeals a judgment reversing its order suspending petitioner’s driver license for refusal to take a breath test. ORS 813.100; ORS 813.410. The trial court set aside the suspension order based on its conclusion that there was not substantial evidence that petitioner was driving on a public highway and that the arresting officer did not have reasonable grounds to believe that petitioner was under the influence of intoxicants at the time that he drove his pickup truck. We reverse.

On September 28, 1991, petitioner’s girlfriend, Johnson, was driving petitioner’s…