CRAWFORD v. MVD

PER CURIAM

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).