Court of Appeals of Oregon December 8, 2004, 0305-05064; A123014 (Wahlgren v. Department of Transportation)

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LANDAU, P. J.

In this implied consent case, the state appeals a judgment that set aside an order of the Department of Transportation, Driver and Motor Vehicle Services Branch (DMV) affirming the suspension of petitioner’s driving privileges for refusing a blood test. The state argues that the trial court erred in setting aside DMVs order on a ground that was not preserved.