State v. Cesaro

494 P.2d 255, 8 Or. App. 273, 1972 Ore. App. LEXIS 1084
CourtCourt of Appeals of Oregon
DecidedFebruary 25, 1972
DocketNo. 71-1091-C, No. 71-1092-C, No. 71-1093-C
StatusPublished
Cited by1 cases

This text of 494 P.2d 255 (State v. Cesaro) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cesaro, 494 P.2d 255, 8 Or. App. 273, 1972 Ore. App. LEXIS 1084 (Or. Ct. App. 1972).

Opinion

SCHWAB, C.J.

In these consolidated appeals from three convictions for driving while under suspension, ORS 482.650, defendant contends the procedures by which his driving privileges were suspended unconstitutionally deprived him of due process in that he did not receive notice from the Motor Vehicles Division (hereinafter called Division) of a hearing before the Division prior to the suspension of his driving privileges.

Defendant’s troubles began when he received a traffic citation for speeding on January 11,1970. This citation included a summons, ORS 484.150 (2)(d), requiring defendant to appear in the Medford Municipal Court on January 26, 1970. The instructions on the back of the citation, quoted infra, enumerated alternative methods to dispose of the matter. When defendant failed to appear on that date, the municipal court sent a notice to defendant directing him to appear February 2, 1970. Defendant claims he never received this notice, although he admits it was sent to the Reno, Nevada, address he gave the officer who issued the January 11, 1970, speeding citation. Defendant also failed to appear February 2,1970.

The municipal court then notified the Division of defendant’s failure to appear in that court pursuant to ORS 484.210 (2), which provides:

“If the defendant fails to appear for the hearing at the time and place fixed by the court and no baü [275]*275has been deposited, the court may notify the Motor Vehicles Division of the defendant’s failure to appear. In the notification the court shall certify that notice was given the defendant as prescribed by subsection (1) of this section and that the defendant failed to appear for the hearing. Upon receipt of such notification, together with a fee of $5, the division shall suspend the defendant’s license for an indefinite period. If the defendant thereafter makes his appearance before the court, the court shall notify the division of the fact and the division shall thereupon terminate the suspension ordered pursuant to this subsection. Notifications by the court to the division shall be in a form prescribed by the division. A suspension ordered under this section shall not be used by the division in any subsequent consideration of the defendant’s driving record under OES 482.450.”

On February 26, 1970, the Division entered an order suspending defendant’s driving privileges in Oregon because of defendant’s “fail[ure] to appear in Court — Hearing [on] * * * Complaint No. 42955 Municipal Court, Medford,” i.e., the January 11, 1970, speeding citation. A copy of this order was mailed to defendant at a Medford address, and no issue is presented on appeal as to whether defendant knew of the suspension order after it was entered.

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Related

People v. Bailey
133 Cal. App. Supp. 3d 12 (Appellate Division of the Superior Court of California, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
494 P.2d 255, 8 Or. App. 273, 1972 Ore. App. LEXIS 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cesaro-orctapp-1972.