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STATE v. McCOLLUM

No. K93034; CA 17077.

615 P.2d 1194 (1980)

48 Or.App. 35

STATE of Oregon, Respondent, v. Harriett Dennise McCollum, Appellant.

Court of Appeals of Oregon.

Decided September 2, 1980.

Attorney(s) appearing for the Case

Lewis B. Lawrence, Portland, argued the cause for appellant. On the brief was James A. Glover, Portland.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

RICHARDSON, Presiding Judge.

Defendant was convicted, after a trial to the court, of the traffic offense of driving while suspended, ORS 487.560.1 She raised as an affirmative defense that she had not received notice of her suspension, ORS 487.560(2)(b).2 The trial court ruled as a matter of law that the defense was not available where notice was sent by certified mail restricted delivery pursuant to ORS 482...

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