Livengood v. Motor Vehicles Division

Petitioner seeks review of a final order of the Motor Vehicles Division (MVD) finding him to be an habitual offender and revoking his driver’s license. Former ORS 484.727.1 The issue is whether a prior MVD order should be given res judicata effect. We hold that the prior order is not a bar to the present proceeding and affirm.

There have been two hearings to determine whether petitioner’s driving privileges should be revoked. The hearings followed MVD’s determination from petitioner’s driving record that he is an habitual offender as defined by former ORS 484.705 (now ORS 809.600).2 The first…