Procedures on habitual offender determination
Source:
Section 809.640 — Procedures on habitual offender determination, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html
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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