Wilcox v. Motor Vehicles Division

This case involves the Motor Vehicles Division’s suspension of petitioner’s driver’s license on the basis of his California conviction for driving under the influence of intoxicants (DUII).

Petitioner, an Oregon resident, was convicted of DUII in California. It was his first such conviction in any state. Nine months later, MVD, after having received notification from California of the conviction, issued petitioner a notice of suspension. In an administrative hearing, the referee held that the suspension was valid, pursuant to the provisions of ORS 813.400, ORS 809.420(2) (a) 4 and ORS 809.400.…