State v. McCollum

Defendant was convicted, after a trial to the court, of the traffic offense of driving while suspended, ORS 487.560.1 She raised as an affirmative defense that she had not received notice of her suspension, ORS 487.560(2)(b).2 The trial court ruled as a matter of law that the defense was not available where notice was sent by certified mail restricted delivery pursuant to ORS 482.570.3 Two notices were mailed to defendant by certified mail restricted delivery. The envelopes containing the notices were returned with notations that they were unclaimed. There were several dates stamped on the…