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IN MATTER OF SCHMIDT v. OREGON DEPARTMENT OF TRANSPORATION

02C-18005; A121840.

89 P.3d 1212 (2004)

193 Or. App. 292

In the Matter of the Suspension of the Driving Privileges of Victor Lee SCHMIDT, Appellant, v. OREGON DEPARTMENT OF TRANSPORTATION, Driver and Motor Vehicle Services Division (DMV), Respondent.

Court of Appeals of Oregon.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Victor Lee Schmidt pro se.

Jas. Jeffrey Adams, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

PER CURIAM.

The Department of Transportation threatened to suspend petitioner's driver's license for failure to pay a traffic fine. ORS 809.210; ORS 809.290(2); ORS 809.415(4). Petitioner paid the fine, and the suspension never occurred. Petitioner then filed a petition for judicial review in circuit court to challenge either the department's authority to impose the threatened suspension or the underlying fine. The trial court granted the department's motion for summary...

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