- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 02-23-2017
- Case #: A155084
- Judge(s)/Court Below: DeVore, J. for the Court; Duncan, P.J.; & Flynn, J.
- Full Text Opinion
The DMV appealed a judgment setting aside an administrative order suspending Gaylord’s driver’s license. The circuit court ruled that the administrative law judge (ALJ) improperly excluded evidence of urinalysis of a sample Gaylord gave after her arrest for driving under the influence of intoxicants. DMV argued the circuit court erred by admitting evidence of the urinalysis and overturning the ALJ’s order where there was substantial evidence to support the ALJ’s conclusion. The Court held that the circuit court correctly determined the ALJ erred in excluding the urinalysis evidence as it was relevant to the determine the issue of whether Gaylord’s license should be suspended. The Court further held the circuit court should have remanded the matter to the DMV for further proceedings. Reversed and remanded.