State v. Lawrence

Defendant was charged in July of 1977 with driving while suspended, ORS 487.560. He moved prior to trial to suppress certified copies of the suspension orders sent to him by the Motor Vehicles Division in 1974 and 1975, on the grounds that the Division had failed to comply with the notice requirements of ORS 482.570. The trial court allowed the motion, ruling that the suspension orders were inadmissible. The state appeals. Because under ORS 487.560(2)(b) lack of notice is an affirmative defense, a motion to suppress was inappropriate. It appears from the record, however, that the parties…