State v. Kellar
247 P.3d 1232
Or.2011Background
- Kellar was convicted of DUII in 2008 with two prior DUII convictions (1981, 1989).
- The 1983 vehicle code revision created ORS 813.010, replacing former ORS 487.540; the revision was intended as a continuation of prior laws.
- ORS 809.235 was amended multiple times (2003, 2005, 2007) to permit permanent revocation for third or subsequent DUII convictions, including out-of-state offenses.
- The central issue was whether a misdemeanor DUII conviction under former ORS 487.540 could serve as a predicate under ORS 809.235.
- The Court of Appeals affirmed; the Oregon Supreme Court granted review and held that a misdemeanor DUII conviction under former ORS 487.540 counts as a predicate for permanent revocation.
- The court grounded its decision in the text and context of ORS 809.235, including transitional provisions and the extension to out-of-state convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether former DUII conviction counts as predicate | Kellar: only post-1986 convictions count | State: either statute continuation includes predecessor | Yes, counts as predicate under 809.235 |
Key Cases Cited
- Brown v. Multnomah County, 280 Or. 95 (1977) (DUII treated as criminal prosecution despite infraction label)
- Stevens v. Czerniak, 336 Or. 392 (2004) (text-context statutory interpretation governs)
- State v. Barrett, 331 Or. 27 (2000) (interpretation of statutory continuation principles)
- State v. Gaines, 346 Or. 160 (2009) (legislative history not controlling; focus on text and context)