- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 11-01-2017
- Case #: A162034
- Judge(s)/Court Below: Ortega, P.J. for the Court; Hadlock, C.J.; & Schuman, S.J.
- Full Text Opinion
Defendant appealed a Class A misdemeanor DUII conviction (ORS 813.010). Defendant assigned error to the trial court imposing the DUII fine under ORS 813.010 along with a conviction fee under ORS 813.030. On appeal, Defendant argued that the DUII fine and the conviction fee could not exceed the maximum amount allowed to be imposed upon a defendant under ORS 161.635. The State responded that the “statutory scheme makes clear that the DUII conviction fee does not count towards the statutory maximum fine.” ORS 161.635(1) provides that a defendant cannot be ordered to pay more than $6,250 fine for a Class A misdemeanor. The Court of Appeals found that the ordinary meanings of “fine” and “fee” demonstrate that each serve individual purposes. The Court further found that the maximum fine under ORS 161.635 does not require a court to take all imposed fees into account. The Court held that conviction fees under ORS 813.030 do not need to be considered when imposing fines that meet the statutory maximum provided in ORS 161.635. Affirmed.