Moore v. Motor Vehicles Division

The majority makes too much of the amendment to ORS 809.640 after our decision in State v. Jackson, 34 Or App 587, 579 P2d 299 (1978), in which we held that the defendant could not collaterally attack the validity of his alleged underlying convictions in the habitual traffic offender hearing. That decision would be controlling here, even without the amendment defining the scope of the hearing, but for Pooler v. MVD, 306 Or 47, 755 P2d 701 (1988).

The issue in Pooler was whether MVD, in an administrative (not criminal) proceeding to suspend Pooler’s driver’s license for failing a breath test,…