Washington State License Suspension for Oregon State Infraction

[Vindicator]

My question involves a driver's license issued by the State of: Washington

So almost a year and a half ago I had an infraction in the corner of Oregon. I paid half and sent the judge a letter stating I didn't agree w/ the citation and would like the rest waived. Judge declined and said if I didn't pay I couldn't drive in Oregon - fine.

Now a year later the DOL sends me a letter saying that unless I pay the infraction committed in Oregon I would have my WASHINGTON STATE ISSUED license suspended. I sent them a letter arguing I had committed no infraction in Washington and they don't have a right to suspended the license.

I was pulled over today for the bogus cell phone law, ran my plates, and arrest because I have a suspended license related to the Oregon infraction. This just happened hours ago so I am not sure what level of infraction they are charging me with. My questions: Does the DOL have the right to suspend my license? What is my best case on arguing to the judge on the illegal revocation of my license because of no infraction committed within my own State?

Your insight would be greatly appreciated.

V

[Mercutio100]

Sorry to say, but you'll lose your argument with the DOL. See RCW 46.23.010 which provides in part:

Article IV -- Procedure for Home Jurisdiction

(a) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.

[Vindicator]

Thanks that is helpful but not to hopeful.

1st question :
Does it matter that my notice from the WA DOL cites RCW 46.20.289 as its authority in this matter? From my review this authority pertains to infractions, citation, and matters that occurred within WA? First line of this section states: 'The department shall suspend all driving privileges of a person when the department receives notice from a court under RCW..'?

I mean since their authority seems to derive from RCW 46.23.010 as you found for me.

2nd Question:
If my first question fails - could I possibly beat them for a violation of due process if, as stated in 46.23.010: Article III section (e) The licensing authority of the issuing jurisdiction may not suspend the privilege of a motorist for whom a report has been transmitted. --- They stated in a letter to me that they were going to suspend my OR driving privileges.

or

Article section (f): The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.

If transmission of my report is > 6mo after my citation? I didn't receive notice from WA DOL until April 23rd, and last I heard from OR state was in Sept. Could I email and request a PDF copy of my transmission from OR and check the date to see if it was sent before Dec 20th? (6mo after my citation?

Thanks for you thoughts on this matter.

V

[Mercutio100]

I need a bit more clarification. First, when you committed the infraction in Oregon, did you have a WA or OR license?

Second, when you received the letter from the WA DOL about a pending license suspension, did they indicate that you would need to request an adminstrative hearing to appeal their decision? (This is standard language included with license suspension notification letters)

If this was the case, your letter back to them would not have been enough unless you did indeed request such a hearing. Further, you would be barred from asserting any argument against the validity of the DOL's action if you did not request adminstrative review within 15 days of receiving notice. Such notice and opportunity for review is your due process, so you wouldn't be able to succeed with a DP argument. You could attempt to argue your case in superior court by filing a petition for a writ of mandamus, but that would be a long shot.

[lwpat]

Bottom line is you are at fault and have to deal with it. Pay the court, pay the Oregon DMV and then pay WA. You are simply digging your hole deeper and covering yourself up at the same time.