Excessive Oregon “DUII-Conviction Fee” Vacated
Excessive Oregon “DUII-Conviction Fee” Vacated
On July 23, 2014, the Oregon Court of Appeals held that a lower court imposed an excessive fee for driving under the influence of intoxicants (DUII).
The Oregon sentencing courts were previously allowed to assess a “DUII-conviction fee” of up to $130 under ORS 813.030(2009). However, a 2011 statutory amendment increased the maximum fee to $255.
David Wagner Gammon was convicted of DUII for an offense he committed before the effective date of the 2011 amendment. However, the sentencing court imposed a $255 “DUII- conviction fee.”
Gammon did not object at the time of sentencing but argued on appeal that the fee constituted “plain error” on the face of the record.
The Court of Appeals noted that “the state ‘concedes that the trial court committed plain error in assessing a DUII conviction fee of $255’ and that the judgment must, therefore, be remanded.” The court agreed that under the 2009 version of the statute, the maximum fee was $130 and, therefore, “the court erred in imposing a fee in excess of that amount.” See: State v. Wilson, 245 Ore. App 365,263 P.3d 1107 (2011).
The Court exercised its discretion to review and correct the error as “plain error”; error that is apparent on the face of the record. See: State v. Gammon, 264 Ore. App. 420 (Or. Ct. App. 2014).
Related legal case
State v. Gammon
| Year | 2014 |
|---|---|
| Cite | 264 Ore. App. 420 (Or. Ct. App. 2014) |
| Level | State Court of Appeals |