STATE v. SIMS

(CC 97CR1061MA; CA A104178; SC S49340).

66 P.3d 472 (2003)

335 Or. 269

STATE of Oregon, Petitioner on Review, v. Michael Warner SIMS, Respondent on Review.

Supreme Court of Oregon.

Decided April 3, 2003.


Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the petition for review were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. With him on the brief on the merits were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Dan Maloney, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was David E. Groom, Acting Executive Director, Office of Public Defense Services.

Before, CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.


De MUNIZ, J.

The issue in this felony Driving While Revoked (DWR) case is whether defendant can attack collaterally the validity of a ten-year-old administrative order revoking his driver license. Defendant raised the issue by moving to dismiss the DWR charge and by moving to exclude evidence of that order at his trial on the DWR charge. The trial court denied those motions, concluding that defendant could not attack the order...

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