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Defenses to driving with an Oregon revoked license

There are certain behaviors that will lead to serious consequences in Oregon. When a person is convicted of a crime, that person often faces serious punishments. For many driving related infractions, Oregon residents may lose the right to drive. However, having access to a car is still important. Many people may end up facing additional charges for driving without a license.

There are penalties and additional criminal charges, if people choose to drive while they have a suspended or revoked driver's license. But, a charged Oregonian can avoid these penalties if they can show that an affirmative defense applies.

There are two main affirmative defenses to driving with a suspended or revoked license in Oregon. Under ORS section 811.180, if a person has not yet received notification of the suspension or the revocation, then the person has a defense to driving without a license. This defense, however, does not apply if a person simply refused to sign for the notice or otherwise refused to acknowledge notification of the suspension or revocation. It also does not apply if a person was verbally told that the person's license was suspended, yet written notice had not yet been received.

The second affirmative defense to driving with a revoked or suspended license in Oregon has to do with harm to others. If an injury or immediate threat to an animal or person necessitated the driving, the person may use this defense. Here, the urgency of the situation must have made it necessary for the person to drive despite the revocation or suspension.

There are other defenses that may be available to people facing crimes charges in Oregon. These defenses should be used to help people avoid the penalties that are associated with misdemeanor and felony charges. An attorney can help to explain which charges apply in a particular situation.

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