Legal Opinion

State v. Sims

Oregon Supreme Court

Decided April 3, 2003No. CC 97CR1061MA; CA A104178; SC S49340PublishedCited by 14 opinions

1Opinion of the CourtDe Muniz, J.

The issue in this felony Driving While Revoked (DWR) case is whether defendant can attack collaterally the validity of a ten-year-old administrative order revoking his driver license. Defendant raised the issue by moving to dismiss the DWR charge and by moving to exclude evidence of that order at his trial on the DWR charge. The trial court denied those motions, concluding that defendant could not attack the order collaterally because he had failed to challenge it in the ten years that the order had been in effect. The Court of Appeals, however, reversed and remanded the case on the ground…

2Cases cited7 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. State v. TooleyOregon Supreme Court · 1984
  3. Tarwater v. CuppOregon Supreme Court · 1988
  4. State v. HardtCourt of Appeals of Oregon · 1986
  5. State v. HardtCourt of Appeals of Oregon · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. ProbstOregon Supreme Court · 2005
  2. Bailey v. LampertOregon Supreme Court · 2007
  3. State v. JonesCourt of Appeals of Oregon · 2008
  4. State v. JacobOregon Supreme Court · 2008
  5. Bailey v. LampertCourt of Appeals of Oregon · 2005

9 more not listed; retrieve them via the Exa API.

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