2017 ORS 809.605¹
Determination of which offenses count
  • rules

The Department of Transportation shall adopt rules specifying which traffic offenses count for the purpose of determining that a person is a habitual offender under ORS 809.600 (Kinds of offenses and number of convictions) (2) because the person has been convicted of 20 or more traffic offenses. [2001 c.494 §3]

Notes of Decisions

Under Former Similar Statute

Dismissal of pre­vi­ous complaint alleging defendant was habitual traffic offender barred sec­ond complaint alleging same cause of ac­tion where court has signed order which adjudged defendant was not habitual traffic offender. State ex rel MVD v. Henigan, 37 Or App 135, 586 P2d 395 (1978)

Neither Article I, sec­tion 11 of the Oregon Constitu­tion or the Sixth Amend­ment to the United States Constitu­tion require appoint­ment of counsel for indigent defendants in habitual traffic offender pro­ceed­ings. State v. Rhoades, 54 Or App 254, 634 P2d 806 (1981), Sup Ct review denied

There is no limita­tion period for pro­ceed­ings under the Habitual Traffic Offenders Act. State v. Renteria, 59 Or App 619, 651 P2d 1362 (1982)

Atty. Gen. Opinions

Under Former Similar Statute

Convic­tions prior to 1973 Habitual Traffic Offenders Act, (1974) Vol 36, p 859

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.