State v. Jones

The state appeals from an order that dismissed a charge of misdemeanor driving while suspended (DWS). ORS 487.560 (1),(5). The trial court held that, under State v. Tooley, 297 Or 602, 687 P2d 1068 (1984), due process requires that there be an opportunity for a hearing before a license suspension, and, because defendant did not have such an opportunity, dismissed the charge. On appeal, the state argues that it was error to dismiss, because State v. Tooley, supra, is based on statutory grounds inapplicable here, and because MVD’s order of suspension otherwise complies with due process. We…