US Laws, Codes, Statutes & Cases

Chapter 153 — Violations and Traffic Offenses

 

2007 EDITION

 

VIOLATIONS AND TRAFFIC OFFENSES

 

PROCEDURE IN CRIMINAL MATTERS GENERALLY

 

VIOLATIONS

 

(Generally)

 

153.005     Definitions

 

153.008     Violations described

 

153.012     Violation categories

 

153.015     Unclassified and specific fine violations

 

153.018     Schedule of penalties

 

153.022     Authority of agency to specify rule violation as particular level of violation

 

153.025     Authority of political subdivision to specify ordinance violation as particular level of violation

 

(Procedures)

 

153.030     Applicability; statute of limitations

 

153.033     Rules of procedure

 

153.036     Venue

 

153.039     Stop and detention for violation

 

153.042     Citations; issuance

 

153.045     Citation; requirements

 

153.048     Complaint; requirements

 

153.051     Summons; requirements

 

153.054     Service and filing

 

153.058     Initiation of violation proceeding by private party

 

153.061     Appearance by defendant

 

153.064     Warrant for arrest upon failure to appear

 

(Trial)

 

153.070     When trial required

 

153.073     Time and place

 

153.076     Conduct of trial

 

153.080     Testimony by affidavit

 

153.083     Role of peace officer

 

(Judgment)

 

153.090     Provisions of judgment

 

153.093     Minimum fine

 

153.096     Suspension of fine in certain cases

 

153.099     Entry; nondefault cases

 

153.102     Entry; default cases

 

153.105     Relief from default judgment

 

153.108     Effect of judgment

 

153.111     Distribution of abstracts of convictions

 

(Appeal)

 

153.121     Appeal

 

(Base Fine Amounts)

 

153.125     Base fine amounts generally

 

153.128     Increased base fine amount for certain violations

 

153.131     Increased base fine amount for certain traffic violations

 

153.134     Base fine amount for violation of wildlife laws

 

153.138     Schedule of base fine amounts

 

153.142     Authority of courts to establish higher base fine amounts

 

153.145     Rounding off

 

TRAFFIC OFFENSES

 

153.530     Designation of speed in complaint and summons charging violation of basic speed rule or speed limit

 

153.535     Delivery of summons for certain traffic offenses

 

153.624     Costs for obtaining driving records

 

153.630     Disposition of moneys collected by courts

 

153.635     Delinquency in paying moneys under ORS 153.630

 

MISCELLANEOUS

 

153.770     Electronic filing of complaint for offenses subject to citation by uniform citation

 

153.772     Suspension of driving privileges for failure to appear; limitation on district attorney’s authority

 

VIOLATIONS BUREAU

 

153.800     Violations Bureau; establishment; authority of violations clerk

 

MULTNOMAH COUNTY PARKING VIOLATION PROCEDURES

 

153.820     Special procedures for parking violations in Multnomah County

 

PENALTIES

 

153.990     Penalty for false certification

 

153.992     Penalty for failure to appear

 

VIOLATIONS

 

(Generally)

 

      153.005 Definitions. As used in this chapter:

      (1) “Enforcement officer” means:

      (a) A member of the Oregon State Police.

      (b) A sheriff or deputy sheriff.

      (c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation.

      (d) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state.

      (e) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon.

      (f) Any other person specifically authorized by law to issue citations for the commission of violations.

      (2) “Traffic offense” has the meaning given that term in ORS 801.555.

      (3) “Violation” means an offense described in ORS 153.008.

      (4) “Violation proceeding” means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation. [1999 c.1051 §2; 2007 c.71 §44]

 

      153.008 Violations described. (1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:

      (a) The offense is designated as a violation in the statute defining the offense.

      (b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

      (c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

      (d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.

      (e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.

      (2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 §3]

 

      153.012 Violation categories. Violations are classified for the purpose of sentencing into the following categories:

      (1) Class A violations;

      (2) Class B violations;

      (3) Class C violations;

      (4) Class D violations;

      (5) Unclassified violations as described in ORS 153.015; and

      (6) Specific fine violations as described in ORS 153.015. [1999 c.1051 §4]

 

      153.015 Unclassified and specific fine violations. (1) An offense described in the Oregon Revised Statutes that is designated as a violation but does not specify the classification of the violation is an unclassified violation. An unclassified violation is a Class B violation.

      (2) A specific fine violation is any offense described in the Oregon Revised Statutes that:

      (a) Is not designated as a crime or as a class A, B, C or D violation;

      (b) Is not punishable by a term of imprisonment as a penalty for committing the offense; and

      (c) Is punishable by a specific fine as the penalty for committing the offense. [1999 c.1051 §5]

 

      153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

      (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

      (a) $720 for a Class A violation.

      (b) $360 for a Class B violation.

      (c) $180 for a Class C violation.

      (d) $90 for a Class D violation.

      (e) The amount otherwise established by law for any specific fine violation.

      (3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

      (4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed. [1999 c.1051 §6; 2003 c.737 §103]

 

      153.022 Authority of agency to specify rule violation as particular level of violation. If a statute provides that violation of the rules of an agency constitutes an offense, as described in ORS 161.505, the agency may by rule specify that violation of a specific rule of the agency is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the agency may specify that violation of the specific rule is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the rule is lower than the statutory classification for the offense. [1999 c.1051 §76]

 

      153.025 Authority of political subdivision to specify ordinance violation as particular level of violation. (1) If a statute provides that violation of the ordinances of a political subdivision of this state constitutes an offense, as described in ORS 161.505, the political subdivision may by ordinance specify that violation of a specific ordinance of the political subdivision is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the political subdivision may specify that violation of the specific ordinance is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the ordinance is lower than the statutory classification for the offense.

      (2) Nothing in this section requires a political subdivision to use the classifications established by ORS 153.012 or to use the base fine amount calculated under ORS 153.125 to 153.145 for violations of ordinances adopted by the political subdivision. [1999 c.1051 §78]

 

(Procedures)

 

      153.030 Applicability; statute of limitations. (1) The procedures provided for in this chapter apply to violations described in ORS 153.008. Except as specifically provided in this chapter, the criminal procedure laws of this state applicable to crimes also apply to violations.

      (2) Notwithstanding subsection (1) of this section, the procedures described in this chapter and in the criminal procedure laws of this state do not apply to violations that govern the parking of vehicles and that are created by ordinance or by agency rule.

      (3) The statute of limitations for proceedings under this chapter is as provided in ORS 131.125.

      (4) This chapter does not affect the ability of a city described in ORS 3.136 (1) to engage in the activities described in ORS 3.136 (3). Nothing in this chapter affects the ability of any other political subdivision of this state to provide for the administrative enforcement of the charter, ordinances, rules and regulations of the political subdivision, including enforcement through imposition of monetary penalties. Except for ordinances governing the parking of vehicles, administrative enforcement as described in this subsection may not be used for any prohibition designated as an offense.

      (5) Nothing in this chapter affects the ability of any political subdivision of this state to establish rules relating to administrative enforcement as described in subsection (4) of this section, including rules providing for the use of citations or other procedures for initiating administrative enforcement proceedings.

      (6) Nothing in this chapter affects the ability of any political subdivision of this state to conduct hearings for administrative enforcement as described in subsection (4) of this section, either before a hearing officer or before the governing body of the political subdivision.

      (7) Nothing in this chapter affects the ability of any political subdivision to bring a civil action to enforce the charter, ordinances, rules and regulations of the political subdivision, or to bring a civil action to enforce any order for administrative enforcement as described in subsection (4) of this section.

      (8) Nothing in ORS 153.042 affects the authority of any political subdivision of this state to provide for issuance of citations for violation of offenses created by ordinance on the same basis as the political subdivision could under the law in effect immediately before January 1, 2000. [1999 c.1051 §7]

 

      153.033 Rules of procedure. The Supreme Court may adopt rules for the conduct of violation proceedings. Rules adopted by the Supreme Court under this section must be consistent with the provisions of this chapter. Rules adopted under this section supersede any local rule of a state court to the extent the local rule is inconsistent with the rule adopted by the Supreme Court. All city ordinances and municipal court rules must conform to any rules adopted by the Supreme Court under this section. [1999 c.1051 §8]

 

      153.036 Venue. (1) A violation proceeding may be commenced in:

      (a) The county in which the violation was committed; or

      (b) Any other county whose county seat is a shorter distance by road from the place where the violation was committed than is the county seat of the county in which the violation was committed.

      (2)(a) If a violation proceeding is commenced in the county in which the violation was committed, the proceeding may be commenced in a circuit or justice court of the county or, if the violation was committed within a city, in the municipal court.

      (b) If a violation proceeding is commenced in a county other than the county in which the violation was committed, the proceeding may be commenced:

      (A) In a circuit court;

      (B) Notwithstanding the provisions of ORS 51.050 that limit the jurisdiction of justice courts to offenses committed within the county, in a justice court; or

      (C) If the violation was committed within a city, in the municipal court of the city.

      (3)(a) Except as otherwise provided in paragraph (b) of this subsection, if a violation proceeding is commenced in a county other than the county in which the violation was committed, at the request of the defendant the place of trial may be changed to the county in which the violation was committed. A request for a change of the place of trial shall be made prior to the date set for the trial and shall be governed by the provisions of ORS 131.305 to 131.415 relating to change of venue.

      (b) A defendant may not request that the place of trial be changed if the violation was committed within a city and the proceeding is commenced in the municipal court of the city.

      (4) Except as specifically provided in this section, venue in violation proceedings in circuit courts is governed by ORS 131.305 to 131.415. [1999 c.1051 §12; 1999 c.1051 §12a; 2003 c.528 §1]

 

      153.039 Stop and detention for violation. (1) An enforcement officer may not arrest, stop or detain a person for the commission of a violation except to the extent provided in this section and ORS 810.410.

      (2) An enforcement officer may stop and detain any person if the officer has reasonable grounds to believe that the person has committed a violation. An enforcement officer may stop and detain any employee, agent or representative of a firm, corporation or other organization if the officer has reasonable grounds to believe that the firm, corporation or other organization has committed a violation.

      (3) Except as provided in subsection (4) of this section, the period of detention may be only as long as is necessary to:

      (a) Establish the identity of the person, firm, corporation or organization believed to have committed the violation;

      (b) Conduct any investigation reasonably related to the violation; and

      (c) Issue a citation for the violation.

      (4) The authority of an enforcement officer to stop and detain a person for a traffic violation as defined by ORS 801.557 is governed by ORS 810.410. [1999 c.1051 §10]

 

      153.042 Citations; issuance. (1) Except as provided in ORS 810.410 for issuance of a citation based on a traffic violation, as that term is defined in ORS 801.557, or as otherwise specifically provided by law, an enforcement officer may issue a violation citation only if the conduct alleged to constitute a violation takes place in the presence of the enforcement officer and the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation.

      (2) If the person receiving the citation is a firm, corporation or other organization, the citation may be issued to an employee, agent or representative of the firm, corporation or organization. [1999 c.1051 §9]

 

      153.045 Citation; requirements. (1) Except as provided in subsection (5) of this section, a citation conforming to the requirements of this section must be used by enforcement officers for all violations. The citation may contain other language in addition to the language specified in this section.

      (2) Uniform citation forms for violations shall be adopted by the Supreme Court under ORS 1.525. In adopting those forms, the Supreme Court may combine the requirements for violation citations under this section and the requirements for criminal citations under ORS 133.066. More than one violation may be charged on a single citation form, but a crime and a violation may not be charged on the same citation form.

      (3) A violation citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:

      (a) A complaint in the form prescribed by ORS 153.048.

      (b) The abstract of court record.

      (c) The police record.

      (d) A summons in the form prescribed by ORS 153.051.

      (4) Each of the parts shall contain the information or blanks required by rules of the Supreme Court under ORS 1.525.

      (5) The complaint shall contain a form of certificate in which the enforcement officer must certify, under the penalties provided in ORS 153.990, that the enforcement officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the violation specified in the complaint. A certificate conforming to this subsection shall be deemed equivalent of a sworn complaint. [1999 c.1051 §13; 2005 c.566 §2]

 

      153.048 Complaint; requirements. (1) The complaint in a violation citation must contain at least the following:

      (a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.

      (b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

      (c) A certificate under ORS 153.045 (5) signed by the enforcement officer.

      (2) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

      (3) A court may amend a complaint in its discretion. [1999 c.1051 §14]

 

      153.051 Summons; requirements. A summons in a violation citation is sufficient if it contains the following:

      (1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear in court.

      (2) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

      (3) A notice to the person cited that a complaint will be filed with the court based on the violation.

      (4) The amount of the base fine, if any, fixed for the violation.

      (5) A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, assessments, restitution and other costs allowed by law for the violation if the person fails to make all required appearances at the proceedings. [1999 c.1051 §15]

 

      153.054 Service and filing. Except as provided in ORS 810.439, 811.590, 811.615 or 811.617 or other law, an enforcement officer issuing a violation citation shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court. [1999 c.1051 §16]

 

      153.058 Initiation of violation proceeding by private party. (1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that has jurisdiction over the alleged violation. The filing of the complaint is subject to ORS 153.048. The complaint shall be entered by the court in the court record.

      (2) A complaint under this section must contain:

      (a) The name of the court, the name and address of the person bringing the action and the name and address of the defendant.

      (b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have occurred.

      (c) A certificate signed by the complainant stating that the complainant believes that the named defendant committed the violation specifically identified in the complaint and that the complainant has reasonable grounds for that belief. A certificate conforming to this section shall be deemed equivalent of a sworn complaint. Complaints filed under this section are subject to the penalties provided in ORS 153.990.

      (3) Upon the filing of a complaint under this section, the court shall cause a summons to be delivered to the defendant and shall deliver a copy of the complaint to the district attorney for the county in which the complaint is filed. The court may require any enforcement officer to serve the summons.

      (4) If the complaint does not conform to the requirements of this section, the court shall set it aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

      (5) A court may, acting in its sole discretion, amend a complaint filed under the provisions of this section.

      (6) A court shall dismiss a complaint filed under this section upon the motion of the district attorney for the county or of the city attorney for a city if:

      (a) The district attorney or city attorney has brought a proceeding against the defendant named in the complaint or intends to bring a proceeding against the defendant named in the complaint; and

      (b) The proceeding is brought by the district attorney or city attorney by reason of the same conduct alleged in the complaint.

      (7) Any political subdivision of this state may require by ordinance that violation proceedings for the purpose of enforcing the charter or ordinances of the political subdivision may not be commenced in the manner provided by this section and that those proceedings may be commenced only by enforcement officers.

      (8) A person other than an enforcement officer may commence a violation proceeding under this section only for:

      (a) Boating violations under ORS chapter 830, or any violation of rules adopted pursuant to ORS chapter 830 if the violation constitutes an offense;

      (b) Traffic violations under ORS chapters 801 to 826, or any violation of rules adopted pursuant to those chapters if the violation constitutes an offense;

      (c) Violations under the wildlife laws, as described in ORS 496.002, or any violation of rules adopted pursuant to those laws if the violation constitutes an offense;

      (d) Violations under the commercial fishing laws, as described in ORS 506.001, or any violation of rules adopted pursuant to those laws if the violation constitutes an offense; or

      (e) Violations of ORS 618.121 to 618.161, and violation of rules adopted pursuant to those laws if the violation constitutes an offense. [1999 c.1051 §11]

 

      153.061 Appearance by defendant. (1) Except as provided in subsection (2) of this section, a defendant who has been issued a violation citation must either:

      (a) Make a first appearance by personally appearing in court at the time indicated in the summons; or

      (b) Make a first appearance in the manner provided in subsection (3) of this section before the time indicated in the summons.

      (2) If a defendant has been issued a violation citation for careless driving under ORS 811.135 on which a police officer noted that a vulnerable user of a public way suffered serious physical injury or death, the defendant must make a first appearance by personally appearing in court at the time indicated in the summons.

      (3) A defendant who has been issued a violation citation may make a first appearance in the matter before the time indicated in the summons by one of the following means:

      (a) The defendant may submit to the court a written or oral request for a trial.

      (b) The defendant may enter a plea of no contest by delivering to the court the summons, a check or money order in the amount of the base fine set forth in the summons, and a statement of matters in explanation or mitigation of the violation charged. The delivery of a statement of matters in explanation or mitigation under the provisions of this paragraph constitutes a waiver of trial and consent to the entry of a judgment forfeiting the base fine based on the statement and any other testimony or written statements that may be presented to the court by the citing officer or other witnesses.

      (c) The defendant may execute the appearance, waiver of trial and plea of guilty that appears on the summons and deliver the summons and a check or money order in the amount of the base fine set forth in the summons to the court. The defendant may attach a statement of matters in explanation or mitigation of the violation.

      (4) The court may require that a defendant requesting a trial under subsection (3)(a) of this section deposit the base fine specified under ORS 153.125 to 153.145 or such other amount as the court determines appropriate if the defendant has failed to appear in any court on one or more other charges in the past. If the defendant does not deposit the amount specified by the court, the defendant must personally appear in court at the time indicated in the summons. The amount deposited by the defendant may be applied against any fine imposed by the court, and any amount not so applied shall be refunded to the defendant at the conclusion of the proceedings.

      (5) If the defendant personally appears in court at the time indicated in the summons and enters a plea of guilty, the judge shall consider any statement in explanation or mitigation made by the defendant.

      (6) The court may require a defendant to appear personally in any case, or may require that all defendants appear in specified categories of cases.

      (7) If a defendant has entered a no contest plea or guilty plea in the manner provided in subsection (3)(b) or (c) of this section, and the court determines that the base fine amount is not adequate by reason of previous convictions of the defendant, the nature of the offense charged or other circumstances, the court may require that a trial be held unless an additional fine amount is paid by the defendant before a specified date. Notice of an additional fine amount under this subsection may be given to the defendant by mail. In no event may the court require a total fine amount in excess of the maximum fine established for the violation by statute.

      (8) If a defendant fails to make a first appearance on a citation for a traffic violation, as defined by ORS 801.557, fails to make a first appearance on a citation for a violation of ORS 471.430, or fails to appear at any other subsequent time set for trial or other appearance, the driving privileges of the defendant are subject to suspension under ORS 809.220. [1999 c.1051 §17; 2001 c.817 §2; 2007 c.784 §5]

 

      153.064 Warrant for arrest upon failure to appear. (1) Except as provided in subsection (2) of this section, a warrant for arrest may be issued against a person who fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with failure to appear in a violation proceeding under ORS 153.992.

      (2) If a person fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, the court may issue an order that requires the defendant to appear and show cause why the defendant should not be held in contempt. The show cause order may be mailed to the defendant by certified mail, return receipt requested. If service cannot be accomplished by mail, the defendant must be personally served. If the defendant is served and fails to appear at the time specified in the show cause order, the court may issue an arrest warrant for the defendant for the purpose of bringing the defendant before the court. [1999 c.1051 §18]

 

(Trial)

 

      153.070 When trial required. The court may require that a trial be held in any violation proceeding. If the defendant requests a trial under ORS 153.061, or a trial is required by the court or by law, the court shall set a date, time and place for the trial. [1999 c.1051 §19; 2001 c.19 §2; 2003 c.518 §1]

 

      153.073 Time and place. Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the date set for trial under ORS 153.070. If the citation is for a traffic violation, or is for a violation of ORS 471.430, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220. [1999 c.1051 §20; 2001 c.817 §3; 2003 c.518 §1a]

 

      153.076 Conduct of trial. (1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven-day period.

      (2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.

      (3) The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings.

      (4) The defendant may not be required to be a witness in the trial of any violation.

      (5) Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.

      (6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 §21]

 

      153.080 Testimony by affidavit. Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

      (1) Testimony may not be presented by affidavit under the provisions of this section unless the court has adopted rules authorizing the use of affidavits and providing procedures for the introduction and use of the testimony.

      (2) The court shall allow testimony by affidavit under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

      (3) Testimony by affidavit under this section is not subject to objection as hearsay.

      (4) A statement signed by the defendant under subsection (2) of this section does not constitute a waiver of trial unless the affidavit specifically so provides.

      (5) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit as provided in this section. [1999 c.1051 §22]

 

      153.083 Role of peace officer. Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:

      (1) The application of statutes and rules to the facts in the case;

      (2) The literal meaning of the statutes or rules at issue in the case;

      (3) The admissibility of evidence; and

      (4) Proper procedures to be used in the trial. [1999 c.805 §1; 1999 c.805 §2; 2003 c.305 §1]

 

      Note: 153.083 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Judgment)

 

      153.090 Provisions of judgment. (1) Judgments entered under this chapter may include:

      (a) Imposition of a sentence to pay a fine;

      (b) Costs, assessments and restitution authorized by law;

      (c) A requirement that the fine, costs, assessments and restitution, if any, be paid out of any base fine;

      (d) Remission of any balance of a base fine to the defendant or to any other person designated by the defendant; and

      (e) Any other provision authorized by law.

      (2) Notwithstanding ORS 137.106, if the court orders restitution in a default judgment entered under ORS 153.102, a defendant may allege an inability to pay the full amount of monetary sanctions imposed, including restitution, and request a hearing to determine whether the defendant is unable to pay or to establish a payment schedule by filing a written request with the court within one year after the entry of the judgment. The court shall set a hearing on the issue of the defendant’s ability to pay upon receipt of the request and shall give notice to the district attorney. The district attorney shall give notice to the victim of the date, time and place of the hearing. The court may determine a payment schedule for monetary sanctions imposed, including restitution ordered under this subsection, if the defendant establishes at the hearing that the defendant is unable to pay the ordered restitution in full.

      (3) If a trial is held in a violation proceeding, or a default judgment is entered against the defendant under ORS 153.102, the court may impose any fine within the statutory limits for the violation. If a defendant pleads no contest under ORS 153.061 (3)(b), or pleads guilty under ORS 153.061 (3)(c), and the court accepts the plea and enters judgment against the defendant, the amount of the fine imposed against the defendant by the court may not exceed the amount of the base fine established for the violation under ORS 153.125 to 153.145.

      (4) A judge may suspend operation of any part of a judgment entered under this chapter upon condition that the defendant pay the nonsuspended portion of a fine within a specified period of time. If the defendant fails to pay the nonsuspended portion of the fine within the specified period of time, the suspended portion of the judgment becomes operative without further proceedings by the court and the suspended portion of the fine becomes immediately due and payable.

      (5) The court may not recommend a suspension of the defendant’s driving privileges unless a trial has been required. The failure of the defendant to appear at the trial does not prevent the court from recommending suspension of the defendant’s driving privileges.

      (6) Entry of a default judgment under ORS 153.102 does not preclude the arrest and prosecution of the defendant for the crime of failure to appear in a violation proceeding under ORS 153.992.

      (7) If a person holds a commercial driver license, a court may not defer entry of a judgment or allow an individual to enter into a diversion program that would prevent a conviction for a traffic offense from appearing on the driving record of the holder. This subsection applies to all traffic offenses, whether committed while driving a motor vehicle or a commercial motor vehicle, but does not apply to parking violations. For purposes of this subsection, a person holds a commercial driver license if on the date of the commission of the offense the commercial driver license is:

      (a) Valid;

      (b) Expired less than one year; or

      (c) Suspended, but not canceled, revoked. [1999 c.1051 §25; 2003 c.670 §3; 2005 c.649 §30; 2007 c.122 §12; 2007 c.784 §7]

 

      153.093 Minimum fine. (1) Notwithstanding any other provision of law, a court or violations bureau may not defer, waive, suspend or otherwise reduce the fine for a violation to an amount that is less than:

      (a) 75 percent of the base fine amount established for the offense under ORS 153.125 to 153.145, if the offense is a Class A, B, C or D violation, or an unclassified violation, under ORS 153.012 and 153.015; or

      (b) 20 percent of the base fine amount established for the offense under ORS 153.125 to 153.145, if the offense is a specific fine violation as described by ORS 153.015.

      (2) Nothing in this section:

      (a) Affects the manner in which a court imposes or reduces monetary obligations other than fines.

      (b) Allows a court to reduce any fine amount below a minimum fine amount established by statute for the offense.

      (c) Affects the ability of a court to establish a payment schedule for fines imposed by the court.

      (3) For the purpose of determining whether a fine meets the requirements of subsection (1) of this section, the unitary assessment amount under ORS 137.290 and the county assessment amount under ORS 137.309 shall be included in calculating the amount required under subsection (1) of this section.

      (4) The Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of this section. In addition, the Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of ORS 137.290 (4) and 153.630 (4). The Department of Revenue or Secretary of State may file an action under ORS 34.105 to 34.240 to enforce the requirements of this section and ORS 137.290 (4) and 153.630 (4). [1999 c.1095 §3; 1999 c.1095 §5; 2003 c.14 §61; 2003 c.737 §104]

 

      153.096 Suspension of fine in certain cases. (1) In any proceeding for a violation under ORS 830.990 or 830.997, the court may conditionally suspend all or part of any fine or penalty to be imposed on the defendant if the defendant appears personally and agrees to complete at the defendant’s own expense a Safe Boating Education Course approved by the State Marine Board under ORS 830.110 (18), within time limits imposed by the court.

      (2) In any proceeding for a violation under ORS 830.990 or 830.997, the court shall notify the State Marine Board if the defendant fails to appear at any time as required by law or the court, or fails to comply with any order of the court. [1999 c.1051 §96b]

 

      153.099 Entry; nondefault cases. (1) If a trial is held in a violation proceeding, the court shall enter a judgment based on the evidence presented at the trial.

      (2) If the defendant appears and enters a plea of no contest in the manner described in ORS 153.061 (3)(b), and a trial is not otherwise required by the court or by law, the court shall make a decision based on the citation, the statement filed by the defendant and any other information or materials submitted to the court.

      (3) If the defendant enters a plea of guilty in the manner described in ORS 153.061 (3)(c), a trial is not otherwise required by the court or by law and the court accepts the plea of guilty, judgment shall be entered against the defendant based on the violation citation. [1999 c.1051 §23; 2007 c.784 §8]

 

      153.102 Entry; default cases. (1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge determines appropriate.

      (2) If the defendant makes a first appearance in the manner required by ORS 153.061 within the time allowed and requests a trial, and the defendant subsequently fails to appear at the date, time and place set for any trial or other appearance in the matter, and if a trial is not otherwise required by the court or by law, the court shall enter a judgment based on the complaint and any other evidence the judge determines appropriate. [1999 c.1051 §24]

 

      153.105 Relief from default judgment. If a default judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect. A motion for relief under this section must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment. [1999 c.1051 §26]

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