OAR 735-070-0060
Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460

(1) When the Oregon Department of Transportation, Driver and Motor Vehicle Services Division (DMV) must verify to its satisfaction that it has suspended the driving privilege of the wrong person under ORS 813.410 (Suspension upon receipt of police report on implied consent test), DMV must receive written notice from the original reporting police agency or, if the police agency no longer exists, from the District Attorney’s office in the jurisdiction of the originating police agency. The notice:
(a) Must be signed by the reporting officer or a superior officer, or the district attorney if the police agency no longer exists;
(b) Must state the name of the person whose name was falsely used;
(c) Should include the name, address and date of birth of the person actually arrested for driving under the influence of intoxicants, if known; and
(d) Should include the date of arrest.
(2) When DMV receives this notice, it will rescind the suspension that was entered on the driving record of the person whose name was falsely used.
(3) If the notice includes the correct name of the person actually arrested for driving under the influence of intoxicants, DMV will issue a notice of suspension to the person’s address as shown by DMV records. A suspension order under this section is subject to the following:
(a) The suspension begins 35 days from the mailing date of the suspension notice unless a hearing is requested;
(b) The suspension is subject to an increase in the length of the suspension period under ORS 813.430 (Grounds for increase in duration of suspension);
(c) DMV must receive a hearing request within 15 days of the mailing date of the suspension notice or the hearing is waived; and
(d) The Office of Administrative Hearings will conduct the hearing pursuant to ORS 813.410 (Suspension upon receipt of police report on implied consent test) and issue a final order. The suspension will not go into effect pending the outcome of the hearing.
(e) Notwithstanding subsection (d), the time limitations in ORS 813.410 (Suspension upon receipt of police report on implied consent test)(1), (2), (3) and (4) do not apply to a suspension order issued under this section.

Source: Rule 735-070-0060 — Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=735-070-0060.

735–070–0000
Driver License Cancellations — Not Entitled to Driving Privileges 735–070–0004
Cancellation and Suspension Actions Under ORS 809.310 735–070–0006
Reinstatement of Driving Privileges Suspended for Obtaining False ID 735–070–0010
Reinstatement Following Cancellation or Suspension Under ORS 807.220, 807.230, 807.350, 809.310 and 809.320 735–070–0015
NDR/PDPS and CDLIS Checks at Reinstatement 735–070–0020
Hearing Following a Cancellation 735–070–0030
Suspension/Revocation for Out-of-State Conviction, Suspension or Revocation 735–070–0035
Effect of Commercial Driving Privilege Withdrawal on Non-Commercial Driving Privileges 735–070–0050
Designated Agents for Vehicle Suspensions 735–070–0054
Police Reports for Implied Consent Suspension Under ORS 813.100, 813.120, 813.132 and 813.410 735–070–0055
Withdrawal of Implied Consent Forms by Police Agency 735–070–0060
Procedure for Rescinding Implied Consent Suspensions of Wrong Person Under ORS 813.460 735–070–0076
DUII Diversion Agreements — Definitions “Commenced Participating In” and “Presently Participating In” and Removal from Driving Records 735–070–0080
Ignition Interlock Device (IID) as Requirement Following DUII Suspension 735–070–0082
Medical Exemption from IID Requirement 735–070–0085
Proof of Treatment Completion Required for Reinstatement of DUII Suspension 735–070–0110
Hearing Requests Under the Administrative Procedures Act 735–070–0130
Fatal Accident Suspension 735–070–0145
Counting Convictions Toward Habitual Offender Revocation 735–070–0170
Hearing Regarding Civil Penalty for Violation of an Out-of-Service Order or Notification of Violation
Last Updated

Jun. 8, 2021

Rule 735-070-0060’s source at or​.us