State v. Jones

Defendant has moved for reconsideration of our decision in State v. Jones, 223 Or App 70, 195 P3d 78 (2008), on the ground that the opinion contains a factual error. ORAP 6.25(1). We grant reconsideration, modify our original opinion as set out below, and adhere to that opinion as modified.

Defendant was charged with felony driving while suspended. In our original opinion, we concluded that defendant was not entitled to challenge collaterally the November 14, 2001, suspension order of the Department of Transportation, Driver and Motor Vehicle Services Division (DMV), that formed a basis for…