Kinds of offenses and number of convictions
Source:
Section 809.600 — Kinds of offenses and number of convictions, https://www.oregonlegislature.gov/bills_laws/ors/ors809.html.
Notes of Decisions
Under former similar statute
The defendant was an habitual offender under the Habitual Traffic Offenders Act where the municipal court forfeited the defendant’s bail on a reckless driving charge and such forfeiture was for a third specified statutory offense within a five-year period. State v. Gaskey, 24 Or App 1, 544 P2d 182 (1976)
The three-convictions requirement of this section is not satisfied by multiple convictions arising from less than three accidents. State v. Zook, 27 Or App 543, 556 P2d 989 (1976)
Violation of 55 miles per hour maximum speed limit may be considered in determining whether individual is habitual traffic offender. State v. Stehle, 33 Or App 115, 575 P2d 994 (1978)
Reference in this section to prior convictions for driving under influence of intoxicants or with .10 percent or more blood alcohol content includes convictions under former similar statutes. State v. Branstetter, 42 Or App 109, 600 P2d 431 (1979), Sup Ct review denied
Where defendant had been convicted of driving under influence of alcohol in California, driving under influence of intoxicants in Oregon, and reckless driving in California, but where, after he was charged with being habitual traffic offender, his California conviction of reckless driving was amended to conviction of failure to drive on right side of roadway, defendant had not been convicted of three traffic offenses required to make him habitual traffic offender within meaning of this section. State v. Carter, 45 Or App 301, 608 P2d 570 (1980)
In general
Defendant could collaterally attack two felony driving while suspended convictions in proceedings seeking habitual traffic offender (HTO) order. State v. Hardt, 81 Or App 607, 726 P2d 953 (1986), on reconsideration 83 Or App 221, 730 P2d 1278 (1986), Sup Ct review denied
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