ORS 809.640¹
Procedures on habitual offender determination

When the Department of Transportation determines from the driving record of a person as maintained by the department that a person’s driving privileges are required to be revoked as a habitual offender under ORS 809.600 (Kinds of offenses and number of convictions), the department shall revoke the driving privileges of the person. A person is entitled to administrative review of a revocation under this section. [1983 c.338 §367; 1985 c.16 §187; 1991 c.702 §12a]

Notes of Decisions

Where Motor Vehicles Division revoked defendant’s driving privileges under habitual offender statute, notice of revoca­tion failed to convey to defendant in­for­ma­­tion re­quired by statute, namely, date that revoca­tion would take effect unless defendant acted to request hearing and, thus, con­vic­­tion was based on inadequate notice of revoca­tion. State v. Atkinson, 305 Or 295, 751 P2d 784 (1988)

This sec­tion limits agency to determining only whether there was error in compiling con­vic­­tion shown in driving record supporting revoca­tion order and does not allow considera­tion of validity of underlying DUII con­vic­­tion. Moore v. MVD, 109 Or App 195, 818 P2d 974 (1991), Sup Ct review denied

Notes of Decisions

Under Former Similar Statute

Dismissal of pre­vi­ous complaint alleging defendant was habitual traffic offender barred sec­ond complaint alleging same cause of ac­tion where court has signed order which adjudged defendant was not habitual traffic offender. State ex rel MVD v. Henigan, 37 Or App 135, 586 P2d 395 (1978)

Neither Article I, sec­tion 11 of the Oregon Constitu­tion or the Sixth Amend­ment to the United States Constitu­tion require appoint­ment of counsel for indigent defendants in habitual traffic offender pro­ceed­ings. State v. Rhoades, 54 Or App 254, 634 P2d 806 (1981), Sup Ct review denied

There is no limita­tion period for pro­ceed­ings under the Habitual Traffic Offenders Act. State v. Renteria, 59 Or App 619, 651 P2d 1362 (1982)

Atty. Gen. Opinions

Under Former Similar Statute

Convic­tions prior to 1973 Habitual Traffic Offenders Act, (1974) Vol 36, p 859

1 Legislative Counsel Committee, CHAPTER 809—Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors809.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 809, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano809.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information