State ex rel. Robinett v. Smith

The state appeals an order of the circuit court dismissing an habitual traffic offender proceeding1 because there was no proof that defendant received notice of his right to an advisory meeting with the Motor Vehicles Division. Such notice is required by ORS 484.7152 and we have held it to be a condition precedent to adjudging a driver an habitual traffic offender. State v. Wells, 27 Or App 537, 556 P2d 727 (1976).

The state’s evidence included a certified copy of defendant’s driving record which contained the notation "Hab 07/09/75 Warn,” and a certified copy of a return receipt for certified…