- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 12-31-2014
- Case #: A152647
- Judge(s)/Court Below: Nakamoto, J. for the Court; Armstrong, P.J.; & Egan, J.
- Full Text Opinion
Defendant appealed her conviction for misdemeanor driving under the influence of intoxicants (DUII). Defendant pleaded guilty and was convicted of DUII. Since the Defendant had three total DUII convictions, pursuant to ORS 813.400(2) and ORS 809.235(1)(b), the trial court was required to impose a lifetime driver’s license suspension. Defendant objected and argued that the lifetime suspension violated her substantive due process. The trial court denied the objection and imposed the lifetime suspension. Defendant appealed the constitutionality of the lifetime suspension and argued that it exceeded the maximum allowable. The Court concluded that, because the Defendant did not claim her sentence exceeded a statutory maximum, under ORS 138.050(1)(a), they did not have jurisdiction to hear the appeal. Appeal dismissed for lack of jurisdiction.