State ex rel. Robinett v. Smith
State ex rel. Robinett v. Smith
Opinion of the Court
The state appeals an order of the circuit court dismissing an habitual traffic offender proceeding
The state’s evidence included a certified copy of defendant’s driving record which contained the notation "Hab 07/09/75 Warn,” and a certified copy of a return receipt for certified mail which showed a delivery date of July 10, 1975. The notation was not explained. The return receipt was signed by defendant. Also in evidence was a printed form signed by defendant requesting a meeting with a division representative.
Assuming, without deciding, that this evidence was insufficient to prove notice, we nevertheless hold that
Reversed.
ORS 484.700 to 484.750.
ORS 484.715 provides:
"When the division receives an abstract of the conviction or bail forfeiture, under ORS 484.240, and the conviction or bail forfeiture is the second one of those described by paragraph (a) of subsection (1) of ORS 484.705 for the convicted person, the division immediately shall notify the licensee and offer him an opportunity of an advisory meeting with a representative of the division in the county wherein the licensee resides. At such a meeting, the division shall advise the licensee of the provisions of ORS 484.700 to 484.750 and of the availability of educational programs for driver improvement.”
The printed form was as follows:
"HABITUAL OFFENDER ACT
" X I want to attend an advisory meeting with a division representative.
" _/s/ Timothy L. Smith_
Signature
" _Washington_
County of Residence”
Reference
- Full Case Name
- STATE ex rel ROBINETT v. SMITH
- Cited By
- 2 cases
- Status
- Published