Walker v. D.M.V.

Under ORS 813.440(1)(d) "illness" is a condition of the body or mind impeding an officer's attendance at a hearing and exhaustion can constitute "illness" where it caused the belief that he was not well enough to drive to the hearing.

DMV appealed a circuit court judgment which set aside a DMV order suspending Walker’s driving privileges. After being arrested for driving under the influence and notified of intent to suspend his driving privileges, Walker requested an administrative hearing to challenge the suspension. The arresting officer was subpoenaed but was unable to appear due to extreme exhaustion, not feeling well enough to drive to the hearing. The hearing was rescheduled pursuant to ORS 813.440(1)(d), which permits rescheduling due to “officer illness.” Walker’s driving privileges were suspended at the rescheduled hearing. Walker sought review from the circuit court which concluded that extreme exhaustion did not constitute officer illness under ORS 813.440(1)(d); the suspension was set aside. DMV appealed and the Court of Appeals found that “illness” under ORS 813.440(1)(d)is an “unhealthy condition of the body or mind that impedes an officer’s attendance at a suspension hearing.” The Court held that exhaustion can constitute “illness” where it caused the officer to believe he was not well enough to drive to the hearing. Reversed; order suspending privileges affirmed.