State v. Benner

The state indicted defendant for driving while revoked. Former ORS 487.560 (now ORS 811.175). Before trial, defendant moved to dismiss the indictment, arguing that the notice of revocation that the Motor Vehicles Division mailed to him was defective under State v. Tooley, 297 Or 602, 687 P2d 1068 (1984). After receiving evidence, the court dismissed the indictment, and the state appeals. We affirm.

During late 1983, MVD received notification that defendant had been convicted of a felony, a material element of which was the operation of a motor vehicle. On December 12.1983, MVD mailed a notice…