State v. Tooley

The question is whether an erroneous license revocation properly may form the basis for a conviction for driving while revoked.

The Motor Vehicles Division (Division) revoked defendant’s license to drive, under authority of ORS 482.430(1)(c), 482.440 and 486.211(3)(c). These statutes provide, in brief, that the Division must revoke a person’s license “upon receiving a record of the conviction of such person of * ** * [a]ny crime punishable as a felony with proof of a material element involving the operation of a motor vehicle.” The Division received a record of defendant’s conviction for a…