Criminal driving while suspended or revoked
- penalties
Source:
Section 811.182 — Criminal driving while suspended or revoked; penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors811.html.
Notes of Decisions
Defense of guilty except for insanity is available to persons charged under this section. State v. Olmstead, 310 Or 455, 800 P2d 277 (1990)
Where there is no evidence that defendants’ driver licenses were suspended or revoked for any reason in this provision, 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 ORS 811.175. 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
Indictment that alleges offense is felony, but does not specify grounds for underlying suspension or revocation, provides adequate notice of charge. State v. Early, 180 Or App 342, 43 P3d 439 (2002), Sup Ct review denied
Where defendant does not argue that notice of revocation was inadequate or that prerevocation hearing was denied, defendant may not collaterally attack validity of revocation order. State v. Sims, 335 Or 269, 66 P3d 472 (2003)
Under 2001 version of this section, state was not required to prove, and defendant could not collaterally challenge, validity of suspension. State v. Jones, 223 Or App 70, 195 P3d 78 (2008), modified 224 Or App 451, 199 P3d 317 (2008)
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