Oregon Appellate Ct - Mar. 26, 2014

by: Abassos and Megha Desai • March 27, 2014 • no comments

DMV Suspension Hearing - Setover - Jury Duty is Not an Official Duty Conflict

For the purpose of setting over a DMV suspension hearing, an officer has an official duty conflict when the officer is required be in another place to conduct business as a police officer. Here, the officer had jury duty. Because jury duty was not an obligation of the officer's position as a police officer, it does not justify extending a DMV hearing. Since the process for suspending petitioner's license was faulty, the suspension must be set aside. Johnson v DMV, 261 Or App (2014)