Oregon Revised Statutes
As used in this chapter: “Enforcement officer” means: A member of the Oregon State Police. A sheriff or deputy sheriff. A city marshal or a member of the police of a city, municipal or quasi-municipal corporation. A police officer commissioned by a university under ORS 352.121 or 353.125. An investigator of a district attorney’s office if the investiga…
Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply: The offense is designated as a violation in the statute defining the offense. 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 im…
Violations are classified for the purpose of sentencing into the following categories: Class A violations. Class B violations. Class C violations. Class D violations. Unclassified violations as described in ORS 153.015. Specific fine violations as described in ORS 153.015.
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. A specific fine violation is any offense described in the Oregon Revised Statutes that is designated as a specific fine violation or: I…
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. Except as otherwise provided by law, the maximum fine for a violation committed by an individual is: $2,000 for a Class A violation. $1,000 for a Class B violation. $500 for a Class C v…
Except as provided in ORS 153.020, the presumptive fines for violations are: $440 for a Class A violation. $265 for a Class B violation. $165 for a Class C violation. $115 for a Class D violation. The presumptive fine for a specific fine violation is: The amount specified by statute as the presumptive fine for the violation; or An amount equal to the …
If a person is charged with a traffic violation, as defined in ORS 801.557, 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 …
Unless a specific minimum fine is prescribed for a violation, and except as otherwise provided by law, the minimum fine a court shall impose for a violation that is subject to the presumptive fines established by ORS 153.019 (1) or 153.020 are as follows: $225 for a Class A violation. $135 for a Class B violation. $85 for a Class C violation. $65 for a C…
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 ag…
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 m…
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. Notwithstanding subsection (1) of this section, ORS 153.633 and all other provisions of this chapter and of the criminal 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 o…
A violation proceeding may be commenced in: The county in which the violation was committed; or 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. If a violation proceeding is commenced in the county in which the viola…
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. 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 employ…
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 …
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. Uniform citation forms for violations shall be adopted by the Supreme Court under ORS 1.525. In…
The complaint in a violation citation must contain at least the following: 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. 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…
A summons in a violation citation is sufficient if it contains the following: 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. A statement or designation of the violation that can b…
Except as provided in ORS 267.153, 810.444, 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.
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. A complaint under this section must contain: The name of the court, the na…
Except as provided in subsection (2) of this section, a defendant who has been issued a violation citation must either: Make a first appearance by personally appearing in court at the time indicated in the summons; or Make a first appearance in the manner provided in subsection (3) of this section before the time indicated in the summons. If a defendant i…
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. If a…
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.
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 f…
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. The state, municipality or political subdivision shall have the burden of proving the charged violation by a prepon…
Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit or declaration 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: Testimony may not be presented by affidavit or declaratio…
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: The application of statutes and rules to …
Judgments entered under this chapter may include: Imposition of a sentence to pay a fine; Costs and restitution authorized by law; A requirement that the fine, costs and restitution, if any, be paid out of the presumptive fine; Remission of any balance of a presumptive fine to the defendant; and Any other provision authorized by law. Notwithstanding OR…
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 l…
If a trial is held in a violation proceeding, the court shall enter a judgment based on the evidence presented at the trial. If the defendant appears and enters a plea of no contest in the manner described in ORS 153.061 (3) and a trial is not otherwise required by the court or by law, the court shall make a decision based on the citation. The court may con…
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. If the defendant makes a first appearan…
If a 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, including clerical mistake, inadvertence, surprise or excusable neglect, or that the court committed a legal error in entering the judgment. A motion for relief unde…
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. Notwithstanding ORS 43.13…
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. Upon entry of a conviction for violation of any provision of the wildlife laws or commercial fishing laws,…
(Appeal)
An appeal from a judgment in a violation proceeding may be taken by either party as follows: From a proceeding in justice court or municipal court, as provided in ORS 138.057 for appeals of violations. 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 proc…
TRAFFIC OFFENSES
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 t…
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: 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, 816.3…
In addition to any other costs charged a person convicted of a traffic offense, a court may 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.
DISPOSITION OF FINES AND COSTS IMPOSED IN CRIMINAL ACTION
In any criminal action in a circuit court in which a fine is imposed, the lesser of the following amounts is payable to the state before any other distribution of the fine is made: $65; or The amount of the fine if the fine is less than $65. In any criminal action in a justice or municipal court in which a fine is imposed, the lesser of the following amou…
If a circuit court enters a judgment of conviction for a traffic offense, the full amount of the fine imposed under the judgment is payable to the state if the conviction resulted from a prosecution arising out of an arrest or complaint made by an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined …
If a justice court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS 174.111: The amount prescribed by ORS 153.633 (2) is payable to the sta…
If a municipal court enters a judgment of conviction for a traffic offense and the conviction resulted from a prosecution arising out of an arrest or complaint made by an officer of the Oregon State Police or by any other enforcement officer employed by state government, as defined in ORS 174.111: The amount prescribed by ORS 153.633 (2) is payable to the s…
If a court enters a judgment of conviction for the violation of an ordinance enacted by the district board of a mass transit district under ORS 267.150, amounts collected under the judgment are payable as follows: The amount prescribed by ORS 153.633 (1) is payable to the state and must be deposited in the Criminal Fine Account; One-half of the amount rema…
If a court enters a judgment of conviction for violation of the requirements of ORS 339.035, amounts collected under the judgment are payable as follows: One-half of the amount is payable to the school district or the education service district that employs the person who issued the citation under ORS 339.095; and One-half of the amount is payable as provi…
If a justice or municipal court imposes a fine for any offense other than a traffic offense and the full amount of the fine imposed is collected, the last $16 of the amount collected shall be paid to the county treasurer for the county in which the court is located and may be used only for the purposes specified in this section. If the full amount of the fin…
Amounts payable to the state under ORS 153.633, 153.645, 153.650 and 153.657 shall be transferred by the court to the Department of Revenue for distribution as provided in ORS 305.830. Except as provided in ORS 153.640 (2)(b), amounts payable to a local government under ORS 153.640 to 153.680 and 153.657 shall be deposited by the court in the local governmen…
Any amount collected by a circuit court, justice court or municipal court as costs in a criminal action shall be retained by the court.
MISCELLANEOUS
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 citation with the court by electronic means, without an actual signature of the officer, in lieu of using a written uniform citation. A citation filed und…
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. Note: 153.772 was enacted into law by the Legislative Assembly but was not added to or m…
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. The violations clerk shall serve under the direction and control of the court appointing the clerk. A violations clerk may exercise authority over any violation…
The State Court Administrator may establish a Central Violations Bureau for the processing of violations in circuit courts. The administrator may designate employees of the administrator to act as violations clerks for the Central Violations Bureau. A violations clerk shall serve under the direction and control of the administrator. A violations clerk of …
MULTNOMAH COUNTY PARKING VIOLATION PROCEDURES
A court may use the procedure provided in this section only in a county with a population of more than 500,000. The court may proceed to make a determination without a hearing on a citation for a parking violation if: None of the registered owners of the vehicle appears within the time allowed at the court specified in the citation; Notice of the citation…
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.
A person commits the offense of failure to appear in a violation proceeding if the person has been served with a citation issued under this chapter for a violation and the person knowingly fails to do any of the following: Make a first appearance in the manner required by ORS 153.061 within the time allowed. Make appearance at the time set for trial in the…
CHAPTERS 154 AND 155 [Reserved for expansion] _______________