- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 06-02-2016
- Case #: A157973
- Judge(s)/Court Below: Garret, J. for the Court; Ortega, P.J.; & Lagesen, J.
DMV appealed a trial court judgment holding that an officer was not certified to request a urine sample from Hanson under ORS 813.131. The Court held that there was "substantial evidence" in the record that supported the notion the officer was certified, and therefore the administrative law judge's suspension of Hanson's driving privileges was appropriate. The Court reasoned that the officer was certified because the legislature had impliedly amended the statute to require that officers requesting urine samples be certified by the Department of Public Safety Standards and Training, and the requesting officer was so certified. Reversed and remanded.