State v. Kauk

The state appeals a trial court order dismissing a charge of driving while suspended (DWS). Former ORS 487.560. The trial court held that, under State v. Tooley, 297 Or 602, 687 P2d 1068 (1984), defendant was given inadequate notice of, and opportunity for, a presuspension hearing. We reverse.

On August 15, 1983, the Motor Vehicles Division (MVD) informed defendant that, pursuant to ORS 153.550(2), her license would be suspended for an indefinite period for failure to appear in court. The notice stated that the suspension would not take effect for 20 days, and

“to prevent this suspension * * *…