Home > Uncategorized > Court of Appeals clarifies DUII “statutory counterpart” language

Court of Appeals clarifies DUII “statutory counterpart” language

In State vs. Abdul Haleem Rutherford (Court of Appeals, June 29, 2011), the court of appeals affirmed the trial court’s ruling that the Defendant’s two prior Nevada convictions for DUII were equal to or “statutory counterparts” to Oregon’s DUII law, ORS 813.010.  At issue in Rutherford was whether or not the Defendant would be subject to Oregon’s enhanced provisions for a lifetime license suspension on his third DUII conviction.  Rutherford argued that his two prior convictions in Nevada were not “statutory counterparts” based largely on the argument that his first Nevada conviction was more akin to Oregon’s own diversion program, and therefore should not be considered as a “conviction.”  In refuting Defendant’s argument, the Court again clarified it’s position that “A statutory counterpart to ORS 813.010 is one that is either remarkably similar to or that has the same use, role, or characteristics as ORS 813.010.”  State vs. Rawleigh, 222 Or. App. 121, (2008).  Additionally, “a statute may be a statutory counterpart to ORS 813.010 even if it does not have the same elements as ORS 813.010.”

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