STATE v. DeMELLO

DC M337553; CA A32628; SC S32077.

716 P.2d 732 (1986)

300 Or. 590

STATE of Oregon, Respondent On Review, v. Stephen DeMello, Petitioner On Review.

Supreme Court of Oregon.

Decided March 18, 1986.


Attorney(s) appearing for the Case

Craig P. Colby, of Wall & Colby, Portland, argued the cause and filed the petition for petitioner on review.

Philip Schradle, Asst. Atty. Gen., Portland, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.


JONES, Justice.

This case presents two questions:

(1) Does notification that certified mail is at the post office constitute notice of driver's license suspension under ORS 482.570 when the letter is returned to the Motor Vehicles Division of the Department of Transportation (division) marked "unclaimed"?

We hold that the defendant was properly notified under the statute.

(2) May a defendant establish the affirmative defense of lack of notice...

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