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BAKER v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION

108467; A122840.

118 P.3d 852 (2005)

Jack Wayman BAKER, Petitioner, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), Respondent.

Court of Appeals of Oregon.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Meagan A. Flynn argued the cause for petitioner. With her on the briefs was Preston Bunnell & Stone, LLP.

Julie A. Smith, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and David F. Coursen, Assistant Attorney General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

ORS 807.340(1) provides, in part, that the Department of Transportation may require any person with a driver's license to "reestablish the person's eligibility" if the department has reason to believe that the person is no longer qualified to hold a license or no longer able to operate safely a motor vehicle. Under ORS 807.340(2), if the person "is unable to reestablish eligibility," the department "may take action to suspend the person's driving privileges...

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