STATE v. NELSON

No. 8106 1551m; CA A26065, No. 8207 1574m; A26066.

671 P.2d 112 (1983)

65 Or.App. 12

STATE of Oregon, Appellant, v. Eugene Paul NELSON, Respondent. STATE of Oregon, Appellant, v. Bradley Dale HOPKINS, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1983.

Reconsideration Denied December 9, 1983.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Kevin J. Freeman, Lebanon, argued the cause for respondents. With him on the brief was Morley, Thomas, Kingsley & Reuter, Lebanon.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

In these consolidated cases, the state appeals the dismissal of complaints against defendants for driving while suspended. ORS 487.560. The court concluded that the orders of suspension were void, because the Motor Vehicles Division (MVD) employe who signed the orders was not authorized to do so by a document of delegation filed with the Secretary of State by the Administrator of MVD. In addition to challenging the court's conclusion that...

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