USA Statutes : oregon
Title : TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY
Chapter : Chapter 153 Violations and Traffic Offenses
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) “Violation” means an offense described ORS 153.008.
(3) “Violation proceeding” means a judicial proceeding initiated by
issuance of a citation that charges a person with commission of a
violation.
(4) “Traffic offense” has the meaning given that term in ORS
801.555. [1999 c.1051 §2] (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] 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] (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] (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]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](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) (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] 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] (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] (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](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] (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] (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] 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]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] (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] (1) 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
(2) of this section before the time indicated in the summons.
(2) 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.
(3) The court may require that a defendant requesting a trial under
subsection (2)(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.
(4) 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.
(5) The court may require a defendant to appear personally in any
case, or may require that all defendants appear in specified categories
of cases.
(6) If a defendant has entered a no contest plea or guilty plea in
the manner provided in subsection (2)(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.
(7) 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] (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) 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] 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] (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] 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]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) (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 (2)(b), or pleads guilty
under ORS 153.061 (2)(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. [1999 c.1051 §25; 2003 c.670 §3; 2005 c.649 §30] (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] (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] (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 (2)(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 (2)(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] (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] 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](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] (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](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) (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] (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]
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 section 5, chapter 1071, Oregon Laws 1999,
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]Note: The amendments to 153.131 by section 5d, chapter 1071, Oregon
Laws 1999, become operative January 1, 2008. See section 5e, chapter
1071, Oregon Laws 1999, as amended by section 2, chapter 421, Oregon Laws
2001, and section 2, chapter 100, Oregon Laws 2003. The text that is
operative on and after January 1, 2008, is set forth for the user’s
convenience.
153.131. 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, or occurred in a posted school zone and is subject to the
provisions of ORS 811.235, 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. 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] 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]
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] Any base fine amount calculated under ORS
153.125 to 153.145 shall be rounded off to the nearest dollar. [1999
c.1051 §38a]TRAFFIC OFFENSESThe 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] (1)
Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a
defendant personally or by mail addressed to the defendant’s 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 officer’s 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
defendant’s 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] 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] (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] 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]MISCELLANEOUS(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]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(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](1) A court may use the procedure provided in this section only
in a county with a population of more than 500,000.
(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 person’s 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]
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] (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]
