State v. Duggan

Defendant appeals his conviction of driving a motor vehicle while his operator’s license was suspended, ORS 487.560(1).

The trial was on stipulated facts. Defendant was observed by a police officer while steering a motor vehicle which was being towed by another vehicle on a public highway. Defendant’s license was suspended and he admitted this fact to the officer. The sole issue is whether defendant’s conduct constituted "driving” for the purposes of ORS 487.560.1

ORS 487.005(5)2 states:

" 'Driver’ or 'operator’ means any person who is in actual physical control of a vehicle.”

A person can be in…