Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card

ORS 809.260
Court-ordered suspension of driving privileges of juvenile


(1)

Whenever a person who is 17 years of age or younger, but not younger than 13 years of age, at the time of committing any offense described in subsection (2) of this section, is determined by a juvenile court to have committed one of the offenses described in subsection (2) of this section, the court may order suspension of the person’s driving privileges upon:

(a)

The person’s second or subsequent adjudication for an offense described in subsection (2) of this section;

(b)

The person’s first adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) for an offense described in subsection (2) of this section; or

(c)

The person’s first adjudication if the offense involved the operation of a motor vehicle.

(2)

Subsection (1) of this section applies to any offense involving the delivery, manufacture or possession of controlled substances, or any offense described in ORS 475B.341 (Unlawful possession by person under 21 years of age), 475B.346 (Unlawful delivery of marijuana item) or 475B.349 (Unlawful manufacture of marijuana item).

(3)

Whenever a person who is 20 years of age or younger, but not younger than 13 years of age, at the time of committing any offense described in subsection (4) of this section, is convicted or determined by a juvenile court to have committed one of the offenses described in subsection (4) of this section, the court may order suspension of the person’s driving privileges upon:

(a)

The person’s second or subsequent conviction or adjudication for an offense described in subsection (4) of this section;

(b)

The person’s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) for an offense described in subsection (4) of this section; or

(c)

The person’s first conviction or adjudication if the offense involved the operation of a motor vehicle.

(4)

Subsection (3) of this section applies to any offense involving the possession, use or abuse of alcohol or cannabis.

(5)

If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may review the order and may withdraw the order at any time the court deems appropriate except as provided in the following:

(a)

A court may not withdraw an order for a period of 90 days following the issuance of the order if it is the first such order issued with respect to the person.

(b)

A court may not withdraw an order for a period of one year following the issuance of the order if it is the second or subsequent such order issued with respect to the person.

(c)

Notwithstanding paragraph (a) of this subsection, a court may not withdraw an order for a period of six months if the order is based on a determination or conviction involving controlled substances.

(6)

Upon receipt of an order under this section, the department shall take action as directed under ORS 809.280 (Department procedures following court order of suspension or revocation). [1985 c.16 §206; 1991 c.835 §3; 1993 c.625 §6; 1999 c.1051 §88; 2007 c.359 §1; 2009 c.228 §2; 2011 c.355 §7; 2017 c.20 §9; 2017 c.21 §77; 2018 c.76 §26]

Notes of Decisions

Under Former Similar Statute

Phrase "17 years of age or younger" is unambiguous, and applies to defendant, who has passed his 17th birthday but not yet reached his 18th. State ex rel Juv. Dept. v. White, 83 Or App 225, 730 P2d 1279 (1986), Sup Ct review denied

Provisions of this section that persons over age of 13 and under 17 years old who are convicted of being minor in possession of alcohol shall have driving privileges denied does not violate Oregon Constitution, Article I, section 20 or Article I, section 16. State v. Day, 84 Or App 291, 733 P2d 937 (1987), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021