State v. Nelson

In these consolidated cases, the state appeals the dismissal of complaints against defendants for driving while suspended. ORS 487.560. The court concluded that the orders of suspension were void, because the Motor Vehicles Division (MVD) employe who signed the orders was not authorized to do so by a document of delegation filed with the Secretary of State by the Administrator of MVD. In addition to challenging the court’s conclusion that the suspension orders were void, the state contends that defendants are not permitted to challenge the validity of a suspension order for the first time in…