(1) Except as provided in subsection (4) of this section, if a suspension or revocation of driving privileges is based upon a conviction, the court that entered the judgment of conviction may direct the Department of Transportation to rescind the suspension or revocation if:

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Terms Used In Oregon Statutes 809.460

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) The person has appealed the conviction; and

(b) The person requests in writing that the court direct the department to rescind the suspension or revocation pending the outcome of the appeal.

(2) If directed by a court pursuant to subsection (1) of this section to do so, the department shall immediately rescind a suspension or revocation of driving privileges.

(3) The court shall notify the department immediately if the conviction is affirmed on appeal, the appeal is dismissed or the appeal is not perfected within the statutory period. Upon receipt of notice under this subsection, the department shall reimpose any suspension or revocation that has been rescinded under this section.

(4) If a person’s commercial driving privileges are suspended under ORS § 809.510 to 809.545, the department may not rescind suspension of the person’s commercial driving privileges because the person has taken an appeal, unless the conviction is reversed on appeal. [1983 c.338 § 359; 1985 c.16 § 174; 1989 c.636 § 38; 1993 c.751 § 61; 1997 c.347 § 1; 2003 c.402 § 32; 2005 c.649 § 17; 2013 c.237 § 23]

 

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