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94 Or. App. 447

State v. Hanson

Court of Appeals of Oregon

Decided December 14, 1988

Court of Appeals of Oregon · decided 1988-12-14

Decided 1988-12-14

PER CURIAM

¶1Defendant 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driver’s license, because the statutes that it purported to rely on (former ORS 482.440 and ORS 484.415(1)) had been repealed when MVD issued its suspension notice on February 2,1987.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.

¶2Because 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.

¶3Reversed.

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