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 475C.341 (Unlawful possession by person under 21 years of age), 475C.345 (Unlawful delivery of marijuana item) or 475C.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, cannabis or psilocybin.

(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; 2021 c.253 §4]

Source: Section 809.260 — Court-ordered suspension of driving privileges of juvenile, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

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

809.090
Cancellation of registration or title for failure to qualify 809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements 809.100
Hearing on proposed cancellation or refusal 809.110
Failure to surrender canceled registration or title 809.120
Court-ordered suspension of registration or driving privileges for weight violation 809.130
Suspension or revocation of driving privileges for unsettled judgment 809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name 809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges 809.220
Failure to appear 809.230
Court suspension or revocation of nonresident driving privileges 809.235
Permanent revocation of driving privileges upon conviction of certain crimes 809.240
Court-ordered suspension or revocation 809.260
Court-ordered suspension of driving privileges of juvenile 809.267
Additional fee upon notice of suspension or restriction 809.270
Driver improvement course 809.275
Court to take possession of license or permit 809.280
Department procedures following court order of suspension or revocation 809.310
Cancellation or suspension of driving privileges 809.312
Reissuance of privileges after suspension for submitting false information 809.320
Cancellation on written request of parent or legal guardian 809.360
General provisions relating to suspension or revocation of driving privileges 809.380
Period of suspension 809.390
Period of revocation 809.400
Suspension or revocation for out-of-state conviction 809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement 809.409
Revocation for conviction of crime 809.411
Suspension for conviction of crime 809.412
Authority of juvenile court for suspension or revocation 809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty 809.416
When person subject to suspension under ORS 809.415 809.417
Suspension for conduct regarding accidents 809.419
Suspensions for physical or mental condition or impairment 809.421
Suspensions for miscellaneous driving-related actions 809.428
Schedule of suspension or revocation periods for certain offenses 809.430
Notice of suspension, cancellation or revocation 809.440
Hearing and administrative review procedures 809.450
Hearing for rescission of suspension for financial and future responsibility violations 809.460
Rescission of suspension or revocation upon appeal of underlying conviction 809.470
When judgment considered settled for purposes of suspension requirements 809.480
Driver improvement programs 809.490
Suspension or revocation of driving privileges of nonresident driver 809.500
Failure to return suspended, revoked or canceled license 809.510
Conviction of crime 809.515
Failure to appear, pay fine or obey court order in another jurisdiction 809.520
Lifetime suspension of commercial driving privileges 809.525
Serious traffic offenses 809.530
Violation of out-of-service order 809.535
Suspension of commercial driver license for specified rail crossing violations 809.540
Right to apply 809.545
Administrative review 809.550
Application of ORS 809.510 to 809.545 809.600
Kinds of offenses and number of convictions 809.605
Determination of which offenses count 809.610
Restriction of driving privileges 809.640
Procedures on habitual offender determination 809.698
Definition of “vehicle immobilization device.” 809.700
Court-ordered impoundment or immobilization upon conviction 809.702
Tampering with vehicle immobilization device 809.710
Authority to refuse to release vehicle to intoxicated person 809.716
Hearing on impoundment 809.720
Impoundment for specified offenses 809.725
Notice following impoundment under city or county ordinance 809.730
Seizure of motor vehicle for civil forfeiture 809.735
Preemption of local forfeiture ordinances 809.740
Seizure of motor vehicle for forfeiture 809.745
Adoption of policies and procedures prior to forfeiture
Green check means up to date. Up to date

Current through early 2024

§ 809.260’s source at oregon​.gov