††††† Chapter 807

 

††††† 807.010

 

NOTES OF DECISIONS

 

††††† Person who has never been licensed may be prosecuted under both this section and ORS 807.570. State v. Roque-Escamilla, 106 Or App 270, 806 P2d 1173 (1991), Sup Ct review denied

 

††††† 807.070

 

NOTES OF DECISIONS

 

Under former similar statute

 

††††† This section prescribes mandatory duties for which MVDís adoption of procedures is not discretionary for purposes of state immunity. Pendergrass v. State of Oregon, 74 Or App 209, 702 P2d 444 (1985), Sup Ct review denied

 

††††† 807.560

 

NOTES OF DECISIONS

 

Under former similar statute (ORS 482.290)

 

††††† Requirement for notification of address change is applicable only to residents who plan to continue to use their Oregon driver license, and not to persons who permanently leave state. Pelay v. Ploog, 281 Or 59, 573 P2d 1229 (1978)

 

In general

 

††††† Affirmative defense under ORS 811.180 that defendant had not received notice of suspension was not available to defendant who failed to notify MVD of his new address as required by this section where defendant was driving in Oregon and continued to hold his Oregon driver license after moving. State v. Hayes, 99 Or App 387, 782 P2d 177 (1989), Sup Ct review denied

 

††††† 807.570

 

NOTES OF DECISIONS

 

††††† Search of defendant for driver license was not reasonably related to crime of failing to present license. State v. Scheer, 99 Or App 80, 781 P2d 859 (1989)

 

††††† This statute does not authorize warrantless search for evidence of identity. State v. Nelson, 102 Or App 106, 792 P2d 486 (1990); State v. Towle, 102 Or App 643, 796 P2d 1208 (1990)

 

††††† Negative record check is not probable cause for officer to search defendantís purse, and search cannot be justified as incident to arrest for failure to display operatorís license. State v. Scarborough, 103 Or App 231, 796 P2d 394 (1990)

 

††††† Search of vehicle for identification is justified when officer has probable cause to believe defendant has committed offense of providing false information to police officer when defendant states car is registered in certain name that proves to be untrue. State v. Banks, 103 Or App 312, 797 P2d 383 (1990)

 

††††† Person who has never been licensed can be prosecuted under this section and this section and ORS 807.010 are not redundant. State v. Roque-Escamilla, 106 Or App 270, 806 P2d 1173 (1991), Sup Ct review denied

 

††††† Where officer suspected that identity card presented might be suspended, authority to detain driver did not terminate. State v. White, 130 Or App 289, 881 P2d 169 (1994)

 

††††† ďPersonĒ refers to any driver, whether or not validly licensed. State v. Mendonca, 134 Or App 290, 894 P2d 1247 (1995)

 

††††† Where no basis exists for broadening scope of stop, to rely on investigation and verification of identity as basis for searching vehicle, state must show that request was actually made for that purpose. State v. Claxton, 140 Or App 168, 915 P2d 421 (1996)

 

††††† Verification of identity allows detaining individual only until accuracy of provided information has been checked or tested unless specific articulable facts indicate stated identity more likely than not is false. State v. Bishop, 157 Or App 33, 967 P2d 1241 (1998)

 

††††† Request for consent to search is improper where request and ensuing search delay verification of defendantís identity. State v. May, 162 Or App 317, 986 P2d 608 (1999), Sup Ct review denied

 

††††† 807.580

 

NOTES OF DECISIONS

 

Under former similar statute

 

††††† This section is reasonable exercise of police power as precaution against misuse of suspended driver licenses and is therefore constitutional. State v. Usitalo, 54 Or App 783, 636 P2d 440 (1981) Sup Ct review denied

 

††††† 807.620

 

NOTES OF DECISIONS

 

Under former similar statute

 

††††† Fact that defendant is ultimately acquitted of other charges does not diminish duty to provide police with correct identification for investigation of violation of motor vehicle laws; this section is violated at the time the false information is given. State v. Packer, 72 Or App 677, 696 P2d 1163 (1985)

 

††††† Where defendant was stopped for violation of motor vehicle laws and was driving while suspended, which officer knew, and gave false name to avoid responsibility, conviction of misuse of driver license for giving false name to police officer investigating traffic violation was valid. State v. Jensen, 79 Or App 112, 717 P2d 1263 (1986)

 

In general

 

††††† Negative record check is not probable cause to arrest for furnishing false information to police officer where defendant had school photo identity card and stated she did not have driver license. State v. Scarborough, 103 Or App 231, 796 P2d 394 (1990)

 

††††† Probable cause to arrest for giving false information to police officer under this section authorizes search of car as incidental to arrest. State v. Robinson, 107 Or App 410, 812 P2d 837 (1991), Sup Ct review denied