State v. James

The state appeals a trial court order dismissing a charge of driving while suspended (DWS). Former ORS 487.560(1).1 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 and remand for trial.

On December 9, 1984, the Motor Vehicles Division (MVD) notified defendant that, pursuant to former ORS 482.450(1) (d), former ORS 482.850,2 and OAR 735-31-060, his license would be suspended for 90 days for violating “Step Four” of the Driver Improvement Program. The notice…