ORS § 809.260

Current through 2024 Regular Session legislation effective March 27, 2024
Section 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 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, 475C. 345 or 475C. 349.
(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 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.

ORS 809.260

Amended by 2021 Ch. 253, § 4, eff. 6/11/2021.
Amended by 2018 Ch. 76, § 26, eff. 1/1/2019.
Amended by 2017 Ch. 21, § 77, eff. 4/21/2017.
Amended by 2017 Ch. 20, § 9, eff. 4/21/2017.
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