State v. Harper

Defendant appeals his conviction for felony driving while suspended (DWS). ORS 811.175. The dispositive issue is whether he may collaterally attack the validity of a previous revocation of his driving privileges. We reverse.

On May 31, 1983, defendant received a notice from the Motor Vehicles Division (MVD) that, because the Multnomah County Circuit Court had designated him a habitual traffic offender (HTO), his license was revoked, effective June 6, 1983. The notice did not inform defendant that, if he requested a hearing, the effective date of the revocation would be postponed, pending the…