Opinion
A8802-00591; CA A48790
Argued and submitted May 31, reversed and remanded with instructions to reinstate suspension order September 6, reconsideration denied October 27, petition for review denied December 12, 1989 ( 308 Or. 608)
Appeal from Circuit Court, Multnomah County.
Steven S. Walker, Judge.
Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
John Powers, Portland, argued the cause and filed the brief. for respondent.
Before Graber, Presiding Judge, and Riggs and Edmonds, Judges.
PER CURIAM
Reversed and remanded with instructions to reinstate suspension order pursuant to Wimmer v. MVD, 83 Or. App. 268, 730 P.2d 1297 (1986).
PER CURIAM
Reversed and remanded with instructions to reinstate suspension order pursuant to Wimmer v. MVD, 83 Or. App. 268, 730 P.2d 1297 (1986).
Motor Vehicles Division appeals an order reversing the hearings officer's order suspending respondent's driving privileges pursuant to ORS 813.410. It argues, and we agree, that respondent must raise the issue of the propriety of his arrest during the evidentiary part of the hearing for it to be considered. Bish v. MVD, 97 Or. App. 648, 776 P.2d 1320 (1989).
Reversed and remanded with instructions to reinstate suspension order pursuant to Wimmer v. MVD, 83 Or. App. 268, 730 P.2d 1297 (1986).