- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 05-20-2015
- Case #: A151013
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; & De Muniz, S.J.
- Full Text Opinion
Defendant appealed a judgment of conviction for a DUII. Defendant argued that he was eligible for a diversion program, which he was denied when the trial court applied an exception to the diversion program under ORS 813.215(h)(1). ORS 813.215(h)(1) says that a petition for diversion will be denied if the accused holds a commercial driver license or CDL. Defendant argued that because he did not hold the necessary medical certificate, the Oregon Department of Transportation could not have granted him his CDL and therefore he did not hold a legal CDL. The Court found this argument unpersuasive. The definition of “hold” is clearly defined under ORS 801.307, and in order to not “hold” a CDL the license in question must either be expired for more than one year, or it must be canceled or revoked. The CDL is valid even if the person does not have a medical certificate and cannot enjoy the benefits of the CDL. Affirmed.