Oregon Statutes - Chapter 153 - Violations and Traffic Offenses

• 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...
• 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...
• 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)...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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;...
• 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...
• 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...
• 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)...
• 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,...
• 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...
• 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...
• 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...
• 153.120   [1981 c.692 §12; repealed by 1999 c.1051 §32]
• 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...
• 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...
• 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...
• 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...
• 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
• 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...
• 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...
• 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]
• 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...
• 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 defendant’s last-known address if:...
• 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...
• 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...
• 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...
• 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]
• 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...
• 153.772   Suspension of driving privileges for failure to appear; limitation on district attorney’s 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...
• 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...
• 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 Multnomah County.
  (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...
• 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...
• 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...
• 153.995   [Formerly 484.990; repealed by 1999 c.1051 §32]
• 153.997   [1991 c.806 §1; repealed by 1999 c.1051 §32]

Last modified: August 7, 2008