State v. Gammon

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant contends that the trial court erred in denying his motion to suppress because the officer lacked probable cause to stop defendant and that the trial court plainly erred when it imposed a DUII fee of $255 because, under ORS 813.030 (2009), the DUII-conviction fee could not exceed $130.1 Defendant also raises two additional assignments of error in a pro se supplemental brief. We write only to address defendant’s contention concerning the DUII fee, and reject his…