2017 ORS 809.275¹
Court to take possession of license or permit
  • effective date of suspension or revocation

This section is amended
Effective January 1, 2019
Relating to driving privileges; creating new provisions; amending ORS 163.196, 164.775, 165.805, 430.165, 430.197, 801.250, 802.170, 802.550, 807.020, 807.200, 807.240, 807.370, 809.135, 809.260, 809.275, 809.280, 809.310, 809.312, 809.380, 809.390, 809.409, 809.411, 809.415, 809.416, 809.600, 811.175, 811.182, 813.040 and 813.520; and repealing ORS 339.254, 339.257, 807.250, 807.252, 807.260, 807.270, 809.265, 809.423, 809.650, 809.660, 813.500 and 813.510.

(1) A court shall take immediate possession of any license or driver permit held by a defendant that is issued by any jurisdiction if the court orders a suspension or revocation under ORS 165.805 (Misrepresentation of age by a minor), 471.430 (Purchase or possession of alcoholic beverages by person under 21), 809.120 (Court-ordered suspension of registration or driving privileges for weight violation), 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), 809.265 (Suspension for inhalant or controlled substances conviction), 809.270 (Driver improvement course), 811.109 (Penalties for speed violations) or 811.135 (Careless driving).

(2) Upon taking possession of a license or permit under this section, a court shall immediately forward to the Department of Transportation the license or permit and a copy of the suspension or revocation order or other information satisfactory to the department and to the State Court Administrator.

(3) A suspension or revocation of driving privileges becomes effective on the date a court takes possession of a license or permit under this section or orders the suspension or revocation.

(4) The department is not required to provide further notice of a suspension or revocation ordered by the court.

(5) Nothing in this section requires a court to take additional action, after the conclusion of the sentencing hearing, to secure the driver license or driver permit. [Formerly 809.250; 2011 c.355 §9]

(formerly 809.250)

Notes of Decisions

Absence in judg­ment of condi­tion of proba­tion that is re­quired by statute and is included in court order sent to Depart­ment of Motor Vehicles is considered clerical error in judg­ment and judg­ment must be corrected on remand by trial court, but statute does not conflict with Interstate License Compact, ORS 802.540 (Driver License Compact), and Oregon court may confiscate out-of-state driver license although court has no authority to suspend driving privileges in an­oth­er state. State v. Scott, 96 Or App 451, 773 P2d 394 (1989)

1 Legislative Counsel Committee, CHAPTER 809—Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors809.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 809, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano809.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.