State v. Pohle

The “suspension of driving privileges is civil and administrative, rather than criminal, in nature.” State v. Phillips, 138 Or App 468, 471, 909 P2d 882, rev den, 323 Or 114 (1996). Under ORS 801.557, a traffic violation is a “traffic offense that is designated as a traffic violation in the statute defining the offense, or any other offense defined in the Oregon Vehicle Code” punishable by a fine, but not imprisonment.

Defendant appealed “an order denying his motion to set aside a conviction for one count of third-degree assault” and “three counts of recklessly endangering another person” resulting “from the operation of a motor vehicle” that resulted in the suspension of his driving privileges.  Defendant assigned error to the trial court’s conclusion that his convictions were ineligible for set aside under ORS 137.225(1) because they were traffic offenses.  On appeal, Defendant contended that his convictions were not traffic offenses because the suspension of his license was neither a criminal penalty nor a traffic violation penalty.  In response, the State argued that the suspension of Defendant’s driving privileges was a penalty and made his convictions exempt from set aside. The “suspension of driving privileges is civil and administrative, rather than criminal, in nature.”  State v. Phillips, 138 Or App 468, 471, 909 P2d 882, rev den, 323 Or 114 (1996).  Under ORS 801.557, a traffic violation is a “traffic offense that is designated as a traffic violation in the statute defining the offense, or any other offense defined in the Oregon Vehicle Code” punishable by a fine, but not imprisonment.  The Court held that the suspension of Defendant’s driving privileges, although for a criminal offense, was a civil penalty.  Further, Defendant’s assault and endangerment convictions were not traffic violations, so the suspension was not a traffic violation penalty.  Therefore, Defendant’s offenses were not ineligible for set aside.  Reversed and remanded.