Court of Appeals of Oregon, 1988

State v. Hanson

State v. Hanson
Court of Appeals of Oregon · Decided December 14, 1988 · Buttler, Rossman, Warren
94 Or. App. 447; 764 P.2d 1383; 1988 Ore. App. LEXIS 2208

State v. Hanson

Opinion of the Court

PER CURIAM

Defendant appeals his conviction for driving while suspended. The state concedes that the Motor Vehicles Division erroneously suspended defendant’s driver’s license, because the statutes that it purported to rely on (former ORS 482.440 and ORS 484.415(1)) had been repealed when MVD issued its suspension notice on February 2,1987. See Or Laws 1985, ch 16, § 3(4). The statute in effect at that time, ORS 809.300(3), did not authorize MVD to suspend defendant’s license.

Because defendant’s license had not been suspended validly at the time he was charged with driving while suspended, he may not be convicted of that offense.

Reversed.

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