State v. Sims, 335 Or. 269

Summary

The Oregon Supreme Court held that a defendant charged with felony driving while revoked could not collaterally attack the validity of a decade-old habitual traffic offender revocation order based on the alleged insufficiency of the underlying convictions. The court interpreted ORS 811.182 (1997) to require proof that the Motor Vehicles Division had revoked the defendant’s license and that he drove while the revocation was in effect, without requiring relitigation of the underlying order. The court reversed the Court of Appeals and affirmed the circuit court judgment.

Holdings

1. A defendant may not collaterally attack the validity of an underlying habitual traffic offender revocation order in a prosecution for felony driving while revoked under ORS 811.182 (1997), unless the legislature intended to permit such an attack; the statute did not express that intent.
2. State v. Tooley did not authorize a general collateral attack on an administrative suspension or revocation order in every driving-while-suspended-or-revoked prosecution.

Questions Presented

1. Whether a defendant prosecuted for felony driving while revoked under ORS 811.182 (1997) may collaterally attack the validity of the underlying habitual traffic offender license-revocation order.
2. Whether ORS 811.182 (1997) requires the State to prove the validity of the convictions underlying the habitual traffic offender revocation order.

Disposition

reversed