Or. Admin. R. 735-070-0145

Current through Register Vol. 63, No. 6, June 1, 2024

Section 735-070-0145 - Counting Convictions Toward Habitual Offender Revocation

(1) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident as described in:

(a) ORS 809.600(1), only one of the convictions will count toward the Habitual Offender Program.

(b) ORS 809.600(2), only one of the convictions will count toward the Habitual Offender Program.

(2) In accordance with ORS 801.020(11)(c), if a person is convicted of more than one offense arising from the same incident, with at least one offense described in ORS 809.600(1) and at least one offense described in ORS 809.600(2), the more serious offense as described in ORS 809.600(1) will count toward the Habitual Offender Program.

(3) If DMV orders a five-year revocation based on three convictions within five years for offenses described in ORS 809.600(1) or for 20 convictions within five years for offenses described in ORS 809.600(2), those convictions will not be counted toward a possible future revocation under the Habitual Offender Program.

Or. Admin. R. 735-070-0145

DMV 14-2019, adopt filed 06/21/2019, effective 6/21/2019

Statutory/Other Authority: ORS 184.619 & 802.010

Statutes/Other Implemented: ORS 801.020, 809.600, 809.610 & 809.640