2007 Oregon Code - Chapter 153 :: Chapter 153 - Violations and Traffic Offenses
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 attorneys
authority
VIOLATIONS BUREAU
153.800 Violations
Bureau; establishment; authority of violations clerk
153.820 Special
procedures for parking violations in
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 attorneys
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
(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 defendants gain from the
commission of the violation. For the purposes of this subsection, the defendants
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 defendants 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 defendants 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 defendants 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 defendants 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]
153.108
Effect of judgment. (1)
Notwithstanding ORS 131.505 to 131.535, if a person commits both a crime and a
violation as part of the same criminal episode, the prosecution for one offense
shall not bar the subsequent prosecution for the other. However, evidence of
the first conviction shall not be admissible in any subsequent prosecution for
the other offense.
(2) Notwithstanding ORS 43.130 and 43.160,
no plea, finding or proceeding upon any violation shall be used for the purpose
of res judicata or collateral estoppel, nor shall any plea, finding or
proceeding upon any violation be admissible as evidence in any civil
proceeding. [1999 c.1051 §27]
153.110 [1981 c.692 §11; repealed by 1999 c.1051 §32]
153.111
Distribution of abstracts of convictions. (1) Upon entry of a conviction for a traffic offense, the court shall
forward to the Department of Transportation an abstract of conviction in the
manner required by ORS 810.375, and a copy of the judgment, if required, under
the provisions of ORS 810.375.
(2) Upon entry of a conviction for
violation of any provision of the wildlife laws or commercial fishing laws, or
any rule promulgated pursuant to those laws, the court that enters the judgment
of conviction shall forward to the Department of State Police an abstract of
conviction.
(3) Upon entry of a conviction for a
compulsory school attendance violation under ORS 339.925, the court shall
forward to the Department of Education an abstract of conviction.
(4) Upon entry of a conviction for
violation of a weights and measures law subject to penalty under ORS 618.991,
the court shall forward to the State Department of Agriculture an abstract of
conviction.
(5) Upon entry of a conviction of a
boating offense, as defined in ORS 830.005, the court shall forward to the
State Marine Board an abstract of conviction.
(6) A court may destroy any abstract not
required to be forwarded to an agency under the provisions of this section. [1999
c.1051 §51]
153.120 [1981 c.692 §12; repealed by 1999 c.1051 §32]
(Appeal)
153.121
Appeal. An appeal from a
judgment in a violation proceeding may be taken by either party as follows:
(1) From a proceeding in justice court or
municipal court, as provided in ORS 138.057 for appeals of violations.
(2) From a proceeding in circuit court, as
provided in ORS chapter 19, except that the standard of review is the same as
for an appeal from a judgment in a proceeding involving a misdemeanor or
felony. [1999 c.1051 §28; 2005 c.266 §1]
(Base Fine
Amounts)
153.125
Base fine amounts generally.
(1) The base fine required in violation proceedings under this chapter is the
sum of a foundation amount calculated under ORS 153.125 to 153.145 plus the
unitary and county assessments established under ORS 137.290 and 137.309 for
the violation. The amount of the county assessment under ORS 137.309 shall be
calculated using the foundation amount determined under ORS 153.125 to 153.145,
and may not be calculated using the maximum fine for the violation.
(2) Except as otherwise provided in ORS 153.125
to 153.145, the foundation amount to be used in calculating the base fine
required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORS
153.125 to 153.145, the foundation amount to be used for a specific fine
violation in calculating the base fine required in a violation proceeding under
this chapter is the maximum fine provided for the violation.
(4) If the law creating a violation
establishes a minimum fine, and the foundation amount calculated for the
violation under ORS 153.125 to 153.145 is less than the minimum fine for the
violation, the foundation amount to be used in calculating the base fine
required in a violation proceeding under this chapter is the minimum fine
established for the violation. [1999 c.1051 §35; 2003 c.737 §105]
153.128
Increased base fine amount for certain violations. (1) If a person is charged with a violation
and the enforcement officer issuing the citation notes on the citation that the
offense was a substantial contributing factor to an accident that resulted in
property damage or personal injury, or that the violation created a substantial
risk of injury to another person, the foundation amount to be used in
calculating the base fine under ORS 153.125 is 60 percent of the maximum fine
established for the violation.
(2) Subsection (1) of this section does
not apply to a charge of careless driving under ORS 811.135 if the commission
of the offense contributed to an accident and the defendant is charged with a
Class A traffic violation. The foundation amount for a charge of careless
driving under ORS 811.135 that is charged as a Class A traffic violation shall
be calculated under ORS 153.125 (2).
(3) Subsection (1) of this section does
not apply to a charge of illegal U-turn under ORS 811.365, if the commission of
the offense contributed to an accident and the defendant is charged with a
Class B traffic violation. The foundation amount for a charge of illegal U-turn
under ORS 811.365 that is charged as a Class B traffic violation shall be
calculated under ORS 153.125 (2). [1999 c.1051 §36]
153.130 [1981 c.692 §13; 1999 c.59 §29; repealed by
1999 c.1051 §32]
153.131
Increased base fine amount for certain traffic violations. If a person is charged with a traffic
offense, and the enforcement officer issuing the citation notes on the citation
that the offense occurred in a highway work zone and is subject to the
provisions of ORS 811.230, occurred in a posted school zone and is subject to
the provisions of ORS 811.235, or occurred in a safety corridor and is subject
to the provisions of ORS 811.483, the foundation amount to be used in
calculating the base fine under ORS 153.125 to 153.145 is 80 percent of the
maximum fine established for the violation. [1999 c.1051 §37; 1999 c.1071 §§5c,5d;
2007 c.124 §2]
153.134
Base fine amount for violation of wildlife laws. The base fine amount for violation of
wildlife laws or rules adopted pursuant to wildlife laws shall be as provided
in ORS 496.951. [1999 c.1051 §38]
153.138
Schedule of base fine amounts.
The State Court Administrator shall prepare and publish from time to time a
schedule of minimum base fine amounts for violations. The schedule prepared by
the State Court Administrator under this section shall reflect the base fine
amounts for selected violations as calculated under ORS 153.125 to 153.145. [1999
c.1051 §39]
153.140 [1981 c.692 §15; repealed by 1999 c.1051 §32]
153.142
Authority of courts to establish higher base fine amounts. ORS 153.125 to 153.145 establish minimum
base fine amounts for violations. Base fine amounts established under ORS
153.125 to 153.145 shall be used in preparing summons for violation citations
under ORS 153.051 and for such other purposes as may be provided for in this
chapter. Any court of this state may adopt higher base fine amounts for
violations subject to the jurisdiction of the court. A political subdivision
may establish base fine amounts for violation of ordinances of the political subdivision
that are less than or greater than the base fine amounts calculated under ORS
153.125 to 153.145. [1999 c.1051 §34]
153.145
Rounding off. Any base fine
amount calculated under ORS 153.125 to 153.145 shall be rounded off to the
nearest dollar. [1999 c.1051 §38a]
153.150 [1981 c.692 §16; repealed by 1999 c.1051 §32]
153.160 [1981 c.692 §17; repealed by 1999 c.1051 §32]
153.170 [1981 c.692 §18; repealed by 1999 c.1051 §32]
153.180 [1981 c.692 §19; repealed by 1999 c.1051 §32]
153.190 [1981 c.692 §20; 1985 c.272 §1; 1991 c.824 §3;
1995 c.292 §3; repealed by 1999 c.1051 §32]
153.200 [1981 c.692 §21; repealed by 1999 c.1051 §32]
153.210 [1981 c.692 §22; 1985 c.725 §10; repealed by
1999 c.1051 §32]
153.220 [1981 c.692 §23; 1995 c.658 §80; repealed by
1999 c.1051 §32]
153.230 [1981 c.692 §24; repealed by 1999 c.1051 §32]
153.240 [1981 c.692 §25; repealed by 1999 c.1051 §32]
153.250 [1981 c.692 §26; repealed by 1999 c.1051 §32]
153.260 [1981 c.692 §27; repealed by 1999 c.1051 §32]
153.270 [1981 c.692 §8; repealed by 1999 c.1051 §32]
153.280 [1981 c.692 §28; 1985 c.342 §21; 1995 c.658 §81;
1997 c.389 §13; repealed by 1999 c.1051 §32]
153.290 [1981 c.692 §29; repealed by 1995 c.292 §8]
153.300 [1981 c.692 §30; repealed by 1995 c.292 §8]
153.310 [1981 c.692 §9; 1993 c.531 §4; repealed by
1999 c.1051 §32]
153.325 [1981 c.626 §5; repealed by 1999 c.1051 §32]
153.330 [Formerly 488.210; repealed by 1999 c.1051 §32]
153.335 [Formerly 488.220; repealed by 1999 c.1051 §32]
153.340 [Formerly 488.230; repealed by 1999 c.1051 §32]
153.345 [Formerly 488.240; repealed by 1999 c.1051 §32]
153.350 [Formerly 488.250; repealed by 1999 c.1051 §32]
153.355 [Formerly 488.260; repealed by 1999 c.1051 §32]
153.360 [Formerly 488.270; repealed by 1999 c.1051 §32]
153.365 [Formerly 488.280; repealed by 1999 c.1051 §32]
153.370 [Formerly 488.290; 1985 c.272 §2; 1991 c.931
§§2,2a; 1995 c.292 §4; repealed by 1999 c.1051 §32]
153.375 [Formerly 488.300; repealed by 1999 c.1051 §32]
153.380 [1981 c.626 §6; 1985 c.725 §11; repealed by
1999 c.1051 §32]
153.385 [1981 c.626 §7; 1995 c.658 §82; repealed by
1999 c.1051 §32]
153.390 [1981 c.626 §8; repealed by 1999 c.1051 §32]
153.395 [1981 c.626 §10; repealed by 1999 c.1051 §32]
153.400 [1981 c.626 §11; repealed by 1999 c.1051 §32]
153.405 [1981 c.626 §12; repealed by 1999 c.1051 §32]
153.410 [1981 c.626 §13; repealed by 1999 c.1051 §32]
153.415 [1981 c.626 §14; 1985 c.342 §22; 1995 c.658 §83;
1997 c.389 §14; repealed by 1999 c.1051 §32]
153.420 [1981 c.626 §15; repealed by 1999 c.1051 §32]
153.425 [1981 c.626 §16; repealed by 1995 c.292 §8]
153.430 [1981 c.626 §17; repealed by 1995 c.292 §8]
153.440 [1981 c.626 §9; 1993 c.531 §5; repealed by
1999 c.1051 §32]
153.500 [Formerly 484.010; 1987 c.730 §6; 1991 c.67 §30;
1991 c.208 §4; repealed by 1999 c.1051 §32]
153.505 [Formerly 484.350; repealed by 1999 c.1051 §32]
153.510 [Formerly 484.155; repealed by 1999 c.1051 §32]
153.515 [Formerly 484.150; repealed by 1999 c.1051 §32]
153.520 [Formerly 484.160; repealed by 1999 c.1051 §32]
153.525 [Formerly 484.170; repealed by 1999 c.1051 §32]
153.527 [1989 c.355 §1; repealed by 1999 c.1051 §32]
TRAFFIC
OFFENSES
153.530
Designation of speed in complaint and summons charging violation of basic speed
rule or speed limit. The
complaint and summons in a citation issued for the charges specified in this
section shall specify the speed at which the defendant is alleged to have
driven and the posted speed, the speed limit or the speed that constitutes
prima facie evidence of violation of the basic speed rule, as appropriate, for
the district or location. This section applies to the following charges:
(1) Violating the basic speed rule under
ORS 811.100.
(2) Violating a speed limit under ORS
811.111. [Formerly 484.175; 1987 c.5 §7; 1987 c.887 §14; 1999 c.1051 §79; 2003
c.819 §12]
153.535
Delivery of summons for certain traffic offenses. (1) Notwithstanding ORS 133.065 and 153.054,
a summons may be delivered to a defendant personally or by mail addressed to
the defendants last-known address if:
(a) The summons is for an alleged
violation of ORS 803.315, 811.520, 811.530, 815.025, 815.080 to 815.090,
815.115, 815.130, 815.185, 815.210 to 815.255, 815.275, 815.285, 816.030 to 816.300,
816.330, 816.350, 816.360 or 820.360 to 820.380;
(b) The enforcement officer gave a warning
for violation of the statute to the defendant based on the officers
observation at the time the violation occurred; and
(c) After the issuance of the warning, the
enforcement officer determines that the defendant received two or more warnings
within the year immediately preceding the issuance of the warning for
violations of the statutes specified in paragraph (a) of this subsection.
(2) Notwithstanding ORS 133.065 and
153.054, a summons may be delivered to a defendant personally or by mail
addressed to the defendants last-known address if:
(a) The summons is for an alleged
violation of ORS 807.010, 811.175 or 811.182;
(b) The enforcement officer gave a warning
for a traffic violation to the defendant; and
(c) After the issuance of the warning, the
enforcement officer determines that the defendant had no valid operator license
at the time of the warning.
(3) Proof of mailing summons under this
section is sufficient proof of delivery of summons for purposes of ORS 133.065
and 153.054. [Formerly 484.180; 1983 c.338 §890; 1985 c.597 §24; 1987 c.730 §7;
1989 c.782 §36; 1999 c.1051 §80; 2001 c.335 §6]
153.540 [Formerly 484.190; 1983 c.338 §891; 1985
c.669 §16; repealed by 1999 c.1051 §32]
153.545 [Formerly 484.200; repealed by 1999 c.1051 §32]
153.550 [Formerly 484.210; 1983 c.399 §1; 1983 c.507
§2; 1985 c.16 §449; 1985 c.669 §17; repealed by 1999 c.1051 §32]
153.555 [Formerly 484.220; 1985 c.272 §3; 1989 c.472
§6; 1991 c.824 §6; 1995 c.292 §5; repealed by 1999 c.1051 §32]
153.560 [Formerly 484.230; 1983 c.338 §893; repealed
by 1999 c.1051 §32]
153.565 [Formerly 484.030; 1995 c.658 §84; repealed
by 1999 c.1051 §32]
153.570 [Formerly 484.040; 1983 c.565 §2; repealed
by 1999 c.1051 §32]
153.575 [Formerly 484.375; 1983 c.565 §1; repealed
by 1999 c.1051 §32]
153.580 [Formerly 484.390; repealed by 1999 c.1051 §32]
153.585 [Formerly 484.395; repealed by 1999 c.1051 §32]
153.590 [Formerly 484.400; repealed by 1999 c.1051 §32]
153.595 [Formerly 484.405; 1985 c.342 §23; 1995
c.658 §85; 1997 c.389 §15; repealed by 1999 c.1051 §32]
153.600 [Formerly 484.310; repealed by 1995 c.292 §8]
153.605 [Formerly 484.320; repealed by 1995 c.292 §8]
153.610 [Formerly 484.355; repealed by 1999 c.1051 §32]
153.615 [Formerly 484.360; 1993 c.531 §6; 1995 c.383
§121a; repealed by 1999 c.1051 §32]
153.620 [Formerly 484.370; repealed by 1999 c.1051 §32]
153.623 [1981 s.s. c.3 §105; 1983 c.571 §1; 1985
c.16 §450; 1987 c.730 §22; 1987 c.887 §15; 1987 c.897 §1; 1991 c.741 §9; 1993
c.531 §7; repealed by 1995 c.383 §122]
153.624
Costs for obtaining driving records. In addition to any other costs charged a person convicted of a traffic
offense, a court shall charge as costs and collect from any person convicted of
a traffic offense any actual costs incurred in obtaining any driving records
relating to the person. All costs collected under this section shall be paid as
provided in ORS 153.630 (1). [Formerly 484.145]
153.625 [Formerly 484.240; 1983 c.507 §1; 1985 c.16 §451;
1987 c.137 §1; 1989 c.636 §32; 1999 c.1051 §52; renumbered 810.375 in 1999]
153.630
Disposition of moneys collected by courts. (1) Costs and one-half of all fines collected in traffic offense cases
by any court having jurisdiction of the traffic offense shall be paid as
follows:
(a) If collected in a circuit court, to be
credited and distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be
credited and distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation payable to the
county.
(c) If collected in a municipal court, to
be credited and distributed under ORS 137.293 and 137.295 to the city
treasurer, as a monetary obligation payable to the city.
(2) The other half of such fines shall be
paid as follows:
(a) If resulting from prosecutions
initiated by or from arrests or complaints made by a member of the Oregon State
Police, to be credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(b) If resulting from prosecutions
initiated by or from arrests or complaints made by a motor carrier enforcement
officer, to be credited and distributed under ORS 137.293 and 137.295, as a
monetary obligation payable to the state.
(c) If resulting from prosecutions
initiated by or from arrests or complaints made by a city police officer,
including a city marshal or a member of the police of a city or municipal or
quasi-municipal corporation, to be credited and distributed under ORS 137.293
and 137.295:
(A) To the treasurer of the city or
municipal or quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision of the state
if the offense occurred within the boundaries of the city or municipal or
quasi-municipal corporation; or
(B) As a monetary obligation payable to
the state if the offense occurred outside the boundaries of the city or
municipal or quasi-municipal corporation.
(d) If resulting from prosecutions
initiated by or from arrests or complaints made by a sheriff, deputy sheriff or
county weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense occurred, as a
monetary obligation payable to that county and to be credited to the general
fund of that county.
(e) If resulting from prosecutions for
parking in a winter recreation parking location, to be credited and distributed
under ORS 137.293 and 137.295, as a monetary obligation payable to the state.
(f) In other cases, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary obligation to the same
entity to which payment is made of the half provided for in subsection (1) of
this section.
(3) If provisions of subsection (2)(b) or
(e) of this section are applicable, and if the fine or penalty imposed is
remitted, suspended or stayed, or the offender against whom the fine or penalty
was levied or imposed serves time in jail in lieu of paying the fine or penalty
or a part thereof, the committing judge or magistrate shall certify the facts
thereof in writing to the State Court Administrator in the case of a circuit court
or the Department of Revenue in the case of a justice or municipal court not
later than the 10th day of the month next following the month in which the fine
was remitted or penalty suspended. If any part of the fine is thereafter paid,
it shall be remitted to the judge or magistrate who imposed the fine or
penalty, who shall distribute it as provided in subsections (1) and (2) of this
section.
(4) If a fine is subject to division
between two entities under this section and a sentence to pay a fine is imposed
by the court, any remittance, suspension or stay of the fine portion of the
sentence must be attributed on an equal basis to both of the entities entitled
to a share of the fine.
(5) Distribution of fines and costs
collected in a justice or municipal court under this section must be made not
later than the last day of the month immediately following the month in which
the fines and costs are collected.
(6) All fines collected as a result of
citations issued by a member of the Oregon State Police for a violation of ORS
813.095 and credited and distributed to the state under subsections (1)(a) and
(2)(a) of this section shall be deposited in the State Police Account
established in ORS 181.175 to be used by the Department of State Police for the
enforcement of laws concerning driving while under the influence of
intoxicants. [Formerly 484.250; 1981 s.s. c.3 §107; 1983 c.164 §1; 1983 c.763 §47;
1985 c.16 §452; 1987 c.905 §17; 1991 c.67 §31; 1993 c.741 §102; 1999 c.1051 §81;
1999 c.1095 §7; 2003 c.301 §1; 2003 c.687 §5; 2003 c.814 §5]
153.635
Delinquency in paying moneys under ORS 153.630. If any of the money collected under ORS
153.630 is not paid over as provided in that section by the 10th day of the
second calendar month next following the month in which it is received, the
person withholding it is delinquent in its payment and, in addition to the
penalties prescribed by law, the person is personally liable therefor to the
public bodies to which the money is payable, with interest at the rate established
under ORS 305.220 from the delinquency date until paid. An action may be
maintained in the name of the state for the recovery of the unpaid amounts with
interest. [Formerly 484.260; 1989 c.934 §1]
153.705 [Formerly 496.910; repealed by 1999 c.1051 §32]
153.710 [Formerly 496.905; repealed by 1999 c.1051 §32]
153.715 [Formerly 496.915; repealed by 1999 c.1051 §32]
153.720 [Formerly 496.920; repealed by 1999 c.1051 §32]
153.725 [Formerly 496.925; repealed by 1999 c.1051 §32]
153.730 [Formerly 496.927; repealed by 1999 c.1051 §32]
153.745 [Formerly 496.930; repealed by 1999 c.1051 §32]
153.750 [Formerly 496.935; repealed by 1999 c.1051 §32]
153.755 [Formerly 496.940; repealed by 1999 c.1051 §32]
153.760 [Formerly 496.945; 1985 c.272 §4; 1991 c.824
§5; 1995 c.292 §6; repealed by 1999 c.1051 §32]
153.765 [Formerly 496.950; repealed by 1999 c.1051 §32]
153.766 [1997 c.389 §17; repealed by 1999 c.1051 §32]
MISCELLANEOUS
153.770
Electronic filing of complaint for offenses subject to citation by uniform
citation. (1)
Notwithstanding ORS 1.525, 153.045, 221.333 and 810.425, a law enforcement
officer or a person authorized to enforce parking ordinance violations,
following procedures established by court rule, may file a complaint with the court
by electronic means, without an actual signature of the officer, in lieu of
using a written uniform citation. Law enforcement officers who file complaints
under this section will be deemed to certify to the complaint and will continue
to have the same rights, responsibilities and liabilities in relation to those
complaints as to complaints that are certified by an actual signature.
(2) A court may allow electronic filing of
complaints as described under subsection (1) of this section. Procedures established
to allow electronic filing of complaints under this section shall be
established by court rule and shall include procedures necessary to ensure
that:
(a) The information electronically filed
includes all information required on a uniform citation adopted by the Supreme
Court under ORS 1.525, or as required under ORS 221.333 and 810.425 for parking
ordinance violations.
(b) The complaint filed electronically is
verifiable as being filed by a specific law enforcement officer or, for parking
ordinance violations, by a person authorized to enforce parking ordinance
violations.
(c) Members of the public can obtain
copies of and review complaints that are electronically filed and maintained
under this section in the same manner as for complaints filed on paper. [1995
c.781 §53; 1999 c.1051 §129; 2001 c.911 §2]
153.772
Suspension of driving privileges for failure to appear; limitation on district
attorneys authority. When
the court issues a notice under ORS 809.220 to suspend the driving privileges
of a person for failure to appear on a citation for a violation of ORS 471.430,
the district attorney may not file an accusatory instrument charging the person
with violating ORS 153.992. [2001 c.817 §9]
Note: 153.772 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.
VIOLATIONS
BUREAU
153.800
Violations Bureau; establishment; authority of violations clerk. (1) Any court of this state may establish a
Violations Bureau and designate the clerk or deputy clerk of the court or any
other appropriate person to act as a violations clerk for the Violations
Bureau. A Violations Bureau shall be established by each circuit court unless
the Chief Justice of the Supreme Court issues a written exemption to the
presiding judge for the court. The violations clerk shall serve under the
direction and control of the court appointing the clerk.
(2) A violations clerk may exercise
authority over any violation. A court establishing a Violations Bureau shall by
order specify the violations that are subject to the authority of the
violations clerk.
(3) Except as provided in subsection (6)
of this section, the violations clerk shall accept:
(a) Written appearance, waiver of trial,
plea of guilty and payment of fine, costs and assessments for violations that
are subject to the authority of the violations clerk; or
(b) Payment of base fine amounts for
violations that are subject to the authority of the violations clerk.
(4) The court shall establish schedules,
within the limits prescribed by law, of the amounts of penalties to be imposed
for first, second and subsequent violations, designating each violation
specifically or by class. The order of the court establishing the schedules
shall be prominently posted in the place where penalties established under the
schedule are paid. All amounts must be paid to, receipted by and accounted for
by the violations clerk in the same manner as other payments on money judgments
are received by the court.
(5) Any person charged with a violation
within the authority of the violations clerk may:
(a) Upon signing an appearance, plea of
guilty and waiver of trial, pay the clerk the penalty established for the
violation charged, including any costs and assessments authorized by law.
(b) Pay the clerk the base fine amount
established for the violation. Payment of the base fine amount under this
paragraph constitutes consent to forfeiture of the base fine amount and
disposition of the violation by the clerk as provided by the rules of the
court. Payment of base fine amount under this paragraph is not consent to
forfeiture of the base fine amount if the payment is accompanied by a plea of
not guilty or a request for hearing.
(6) A person who has been found guilty of,
or who has signed a plea of guilty or no contest to, one or more previous
offenses in the preceding 12 months within the jurisdiction of the court shall
not be permitted to appear before the violations clerk unless the court, by
general order applying to certain specified offenses, permits such appearance. [1995
c.292 §1; 1997 c.801 §149; 1999 c.59 §30; 1999 c.1051 §130]
153.805 [Formerly 136.750; repealed by 1999 c.1051 §32]
153.808 [Formerly 136.753; repealed by 1999 c.1051 §32]
153.810 [Formerly 136.756; repealed by 1999 c.1051 §32]
153.820
Special procedures for parking violations in
(2) The court may proceed to make a
determination without a hearing on a citation for a parking violation if:
(a) None of the registered owners of the
vehicle appears within the time allowed at the court specified in the citation;
(b) Notice of the citation and the
provisions of this section are mailed to the registered owner or owners of the
vehicle at the address or addresses reflected in the records of the Department
of Transportation; and
(c) No request for hearing or other
appearance is filed with the court within 60 days after the mailing date of the
notice required by paragraph (b) of this subsection.
(3) The court may proceed to make a
determination without a hearing on a citation for a parking violation if at
least one of the registered owners of the vehicle appears within the time
allowed at the court specified in the citation and requests a hearing, but
thereafter fails to appear at the time, date and court set for any subsequent
hearing in the matter. If a determination is made under the provisions of this
subsection, the court shall mail notice of any sentence and judgment to the
registered owner or owners of the vehicle at the address or addresses reflected
in the records of the Department of Transportation.
(4) A determination under this section
shall be on the citation and on any evidence that the court may, in its
discretion, determine to be appropriate.
(5) Upon making a determination under this
section, the court may enter judgment and, if the determination is one of
conviction, may impose a sentence of a fine within the limits established for
the parking violation along with a money award for costs, assessments and other
amounts authorized by law.
(6) A sentence to pay a fine under this
section does not prevent:
(a) Taking any other action against the
person as permitted by law for the persons failure to comply, including, but
not limited to, sentencing the person further as permitted by law after the
person is brought to hearing.
(b) Following any procedures established
by law when the person fails to appear.
(7) On motion and upon such terms as are
just, the court may relieve a person from a judgment entered under this section
upon a showing that the failure of the person to appear was due to mistake,
inadvertence, surprise or excusable neglect. The motion must be made within a
reasonable time, and in no event more than one year after entry of judgment in
the matter.
(8) A judgment may be entered under this
section only if the citation issued to the person contains a statement
notifying the person that a judgment may be entered against the person up to
the maximum amount of fines, assessments and other costs allowed by law for the
parking violation if the person fails to appear at the time, date and court
specified in the citation or fails to appear at subsequently scheduled hearings
in the matter.
(9) Notwithstanding any other provision of
law, a judgment entered under this section does not create a judgment lien and
cannot become a judgment lien by any means. [1997 c.801 §98; 2003 c.576 §172]
PENALTIES
153.990
Penalty for false certification. Any person who in connection with the issuance of a citation, or the
filing of a complaint, under this chapter, knowingly certifies falsely to the
matters set forth therein commits a Class A misdemeanor. [1981 c.692 §14; 1999
c.1051 §31]
153.992
Penalty for failure to appear.
(1) A person commits the offense of failure to appear in a violation proceeding
if the person has been served with a violation citation issued under this
chapter and the person knowingly fails to do any of the following:
(a) Make a first appearance in the manner
required by ORS 153.061 within the time allowed.
(b) Make appearance at the time set for
trial in the violation proceeding.
(c) Appear at any other time required by
the court or by law.
(2) Failure to appear on a violation
citation is a Class A misdemeanor. [1999 c.1051 §29]
153.995 [Formerly 484.990; repealed by 1999 c.1051 §32]
153.997 [1991 c.806 §1; repealed by 1999 c.1051 §32]
_______________
CHAPTERS 154 AND 155
[Reserved for expansion]
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