Rules of the Road for Drivers
Violation driving while suspended or revoked
- penalties
Notes of Decisions
Legislature intended that separate sentences were permissible for driving under influence of intoxicants and driving while suspended when they arise out of same driving episode. State v. Hale, 80 Or App 361, 722 P2d 1269 (1986)
Defendant in driving while suspended case is entitled to collaterally attack underlying convictions on which habitual traffic offender status is based. State v. Gilbert, 87 Or App 484, 742 P2d 713 (1987)
Where defendant volunteered information about automobile accident, stated that he had been driving and that he was driving in violation of restrictions placed on his driver license, provided his driver license number, made statement about cause of accident and statements regarding restrictions on license, such evidence, in prosecution for driving while suspended, was “some proof” other than defendant’s confession which corroborated confession that he had been driving. State v. Manzella, 88 Or App 258, 744 P2d 1321 (1987), aff’d 306 Or 303, 759 P2d 1078 (1988)
Where there is no evidence that defendants’ driver licenses were suspended or revoked for any reason in ORS 811.182, which would make offenses misdemeanors, and defendants were tried in district court, which does not have felony jurisdiction, court only had statutory authority to enter judgments for infraction driving while suspended or revoked under this provision. State v. Conlon/Manning, 108 Or App 141, 813 P2d 1132 (1991)
Defendant’s guilty plea to driving infraction of driving uninsured did not preclude prosecution for driving while suspended or revoked. State v. Lazaro, 113 Or App 330, 832 P2d 1259 (1992), Sup Ct review denied
Misdemeanor driving while suspended is not lesser included charge of felony driving while suspended. State v. Edwards, 123 Or App 519, 860 P2d 846 (1993)
Revocation terminates after statutory period so that driver assumes status of being unlicensed but not revoked. State v. Hammerton/Walmsley, 320 Or 454, 886 P2d 1012 (1994)
Where indictment fails to allege driving privileges were suspended in Oregon, identity of suspending entity is material element of offense. State v. Newman, 179 Or App 1, 39 P3d 874 (2002); State v. Crawford, 179 Or App 160, 39 P3d 917 (2002)