A police officer may take security for the appearance of a person arrested for a traffic crime if it appears to the officer that the arrested person might fail to appear in response to a citation. Authority granted by this section is in addition to any authority to accept security under ORS 810.450. The authority of an officer to take security under this section is subject to all of the following:
(1) Except as otherwise provided in this section, an officer may only take security if there is no accessible magistrate or clerk or deputy clerk authorized by the magistrate.
(2) Except as otherwise provided in this section, an officer may only accept as security the following, if the following would be acceptable under ORS 810.300, for a security deposit for the offense for which the arrest was made:
(a) An unexpired automobile membership card described under ORS 810.330; or
(b) An unexpired guaranteed arrest bond certificate described under ORS 810.320.
(3) An officer may take security for offenses described in this subsection whether or not there is an accessible magistrate or clerk or deputy clerk authorized by the magistrate. This subsection applies to the following offenses for which a jail sentence may be imposed:
(a) Failure to comply with commercial vehicle enforcement requirements under ORS 818.400.
(b) Violation of posted weight limits under ORS 818.040.
(4) An officer who takes security under this section shall give a receipt for the security accepted and shall issue the person a citation to appear before a court having jurisdiction of the offense.
(5) An officer shall promptly cause any security accepted under this section to be delivered to the court for disposition as provided under ORS 810.300. [1983 c.338 §403; 1985 c.16 §213; 1999 c.1051 §290]
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