State ex rel. Motor Vehicles Division v. Henigan

Defendant appeals a judgment that he is an Habitual Traffic Offender. ORS 484.700 to 484.750. He contends a dismissal of a previous complaint, alleging the same cause of action, is a bar to the complaint in this case.

On June 17, 1977, the plaintiff filed a complaint alleging defendant was an habitual traffic offender based on five prior convictions under the traffic code. One conviction was alleged as follows:

"(B) Driving while under the influence of intoxicating liquors, dangerous drugs or narcotic drugs as defined by subsection (2) of ORS 483.992 or ORS 483.999.”

The matter was tried on…