Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card

ORS 809.640
Procedures on habitual offender determination


When the Department of Transportation determines from the driving record of a person as maintained by the department that a person’s driving privileges are required to be revoked as a habitual offender under ORS 809.600 (Kinds of offenses and number of convictions), the department shall revoke the driving privileges of the person. A person is entitled to administrative review of a revocation under this section. [1983 c.338 §367; 1985 c.16 §187; 1991 c.702 §12a]

Notes of Decisions

Where Motor Vehicles Division revoked defendant's driving privileges under habitual offender statute, notice of revocation failed to convey to defendant information required by statute, namely, date that revocation would take effect unless defendant acted to request hearing and, thus, conviction was based on inadequate notice of revocation. State v. Atkinson, 305 Or 295, 751 P2d 784 (1988)

This section limits agency to determining only whether there was error in compiling conviction shown in driving record supporting revocation order and does not allow consideration of validity of underlying DUII conviction. Moore v. MVD, 109 Or App 195, 818 P2d 974 (1991), Sup Ct review denied

§§ 809.600 to 809.660

Notes of Decisions

Under Former Similar Statute

Dismissal of previous complaint alleging defendant was habitual traffic offender barred second complaint alleging same cause of action where court has signed order which adjudged defendant was not habitual traffic offender. State ex rel MVD v. Henigan, 37 Or App 135, 586 P2d 395 (1978)

Neither Article I, section 11 of the Oregon Constitution or the Sixth Amendment to the United States Constitution require appointment of counsel for indigent defendants in habitual traffic offender proceedings. State v. Rhoades, 54 Or App 254, 634 P2d 806 (1981), Sup Ct review denied

There is no limitation period for proceedings under the Habitual Traffic Offenders Act. State v. Renteria, 59 Or App 619, 651 P2d 1362 (1982)

Atty. Gen. Opinions

Under Former Similar Statute

Convictions prior to 1973 Habitual Traffic Offenders Act, (1974) Vol 36, p 859


Source

Last accessed
Jun. 26, 2021