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STATE v. JONES

84-4866; CA A34703.

708 P.2d 1168 (1985)

76 Or.App. 157

STATE of Oregon, Appellant, v. Morgan Ray JONES, Respondent.

Court of Appeals of Oregon, En Banc.

Decided October 30, 1985.

Attorney(s) appearing for the Case

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause and filed brief for appellant. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

John Bourcier, Grants Pass, argued the cause and filed brief for respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

The state appeals from an order that dismissed a charge of misdemeanor driving while suspended (DWS). ORS 487.560(1),(5). The trial court held that, under State v. Tooley, 297 Or. 602, 687 P.2d 1068 (1984), language mod., 298 Or. [4] (1985), due process requires that there be an opportunity for a hearing before a license suspension, and, because defendant did not have such...

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