2011 Oregon Revised Statutes
ORS Volume 17, Chapters 756 - 838
ORS Chapter 809
809.460 Rescission of suspension or revocation upon appeal of underlying conviction.

(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:

(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Upon receipt of notice under this subsection, the department shall reimpose any suspension or revocation that has been rescinded under this section.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 driver license was suspended under ORS 809.404, 809.413 or 813.403, the department shall not rescind suspension of the person s commercial driver license 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]