State v. Albert

In these consolidated cases, the state appeals separate orders of the trial court dismissing charges of driving while suspended (DWS). Former ORS 487.560.1 The trial court held, purportedly pursuant to State v. Tooley, 297 Or 602, 687 P2d 1068 (1984), that, when a driver’s license is to be suspended, due process requires that the licensee be given notice of and opportunity for a presuspension hearing. Concluding that defendants were not given either notice or opportunity, the court dismissed the charges. We reverse.

Defendants received orders of suspension from the Motor Vehicles Division…