Legal Opinion

State v. DeMello

Oregon Supreme Court

Decided March 18, 1986No. DC M337553; CA A32628; SC S32077PublishedCited by 9 opinions

1Opinion of the Court

*592JONES, J.

This case presents two questions:(1) Does notification that certified mail is at the post office constitute notice of driver’s license suspension under ORS 482.570 when the letter is returned to the Motor Vehicles Division of the Department of Transportation (division) marked “unclaimed”?

We hold that the defendant was properly notified under the statute.(2) May a defendant establish the affirmative defense of lack of notice by not claiming certified mail after being advised that the mail awaits pickup at the post office?

We hold that a defendant may not.

In this case, defendant appeals…

2Cases cited4 opinions

  1. State v. RaineyOregon Supreme Court · 1985
  2. State v. ButtreyOregon Supreme Court · 1982
  3. State v. BuenCourt of Appeals of Oregon · 1973
  4. State v. DeMelloCourt of Appeals of Oregon · 1985

3Cited by9 opinions

  1. State Ex Rel. Juvenile Department v. AshleyOregon Supreme Court · 1991
  2. State v. ClickOregon Supreme Court · 1988
  3. State v. ClickCourt of Appeals of Oregon · 1987
  4. Young v. Multnomah County Sheriff Dan NoelleCourt of Appeals of Oregon · 2002
  5. State v. PiperCourt of Appeals of Oregon · 1988

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