ORS 153.021 Minimum fines; waiver; audit of court

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 Class D violation.

Notwithstanding subsection (1) of this section, a court may waive payment of the minimum fine described in this section, in whole or in part, if the court determines that requiring payment of the minimum fine would be inconsistent with justice in the case. In making its determination under this subsection, the court shall consider:

The financial resources of the defendant and the burden that payment of the minimum fine would impose, with due regard to the other obligations of the defendant; and

The extent to which that burden could be alleviated by allowing the defendant to pay the fine in installments or subject to other conditions set by the court.

This section does not affect the manner in which a court imposes or reduces monetary obligations other than fines.

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 137.145 to 137.159 and 153.640 to 153.680. 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 of ORS 137.145 to 137.159 and 153.640 to 153.680.