ORS 809.460
Rescission of suspension or revocation upon appeal of underlying conviction


Except as provided in subsection (4) of this section, if a suspension or revocation of driving privileges is based upon a conviction, the court that entered the judgment of conviction may direct the Department of Transportation to rescind the suspension or revocation if:


The person has appealed the conviction; and


The person requests in writing that the court direct the department to rescind the suspension or revocation pending the outcome of the appeal.


If directed by a court pursuant to subsection (1) of this section to do so, the department shall immediately rescind a suspension or revocation of driving privileges.


The court shall notify the department immediately if the conviction is affirmed on appeal, the appeal is dismissed or the appeal is not perfected within the statutory period. Upon receipt of notice under this subsection, the department shall reimpose any suspension or revocation that has been rescinded under this section.


If a person’s commercial driving privileges are suspended under ORS 809.510 (Conviction of crime) to 809.545 (Administrative review), the department may not rescind suspension of the person’s commercial driving privileges because the person has taken an appeal, unless the conviction is reversed on appeal. [1983 c.338 §359; 1985 c.16 §174; 1989 c.636 §38; 1993 c.751 §61; 1997 c.347 §1; 2003 c.402 §32; 2005 c.649 §17; 2013 c.237 §23]

Last accessed
May. 15, 2020