(1)(a) If signs authorized by ORS 810.245 are posted, the base fine amount for a person charged with an offense that is listed in subsection (2)(a) or (b) of this section and that is committed in a school zone shall be the amount established under ORS 153.125 to 153.145 based on the foundation amount calculated under ORS 153.131. The minimum fine for a person convicted of an offense that is listed in subsection (2)(a) or (b) of this section and that is committed in a school zone is the base fine amount so calculated.
(b) If signs authorized by ORS 810.245 are posted, the minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is 20 percent of the maximum fine established for the offense.
(c) If signs authorized by ORS 810.245 are posted, the minimum fine for a person convicted of a felony offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is two percent of the maximum fine established for the offense.
(2) This section applies to the following offenses if committed in a school zone:
(a) Class A or Class B traffic violations.
(b) Class C or Class D traffic violations related to exceeding a legal speed.
(c) Reckless driving, as defined in ORS 811.140.
(d) Driving while under the influence of intoxicants, as defined in ORS 813.010.
(e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.
(f) Criminal driving while suspended or revoked, as defined in ORS 811.182.
(g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.
(3) A court shall not waive, reduce or suspend the base fine amount or minimum fine required by this section.
(4) For purposes of this section, a traffic offense occurs in a school zone if the offense occurs while the motor vehicle is in a school zone, notice of the school zone is indicated plainly by traffic control devices conforming to the requirements established under ORS 810.200 and posted under authority granted by ORS 810.210 and:
(a) Children are present as described in ORS 811.124; or
(b) A flashing light used as a traffic control device and operated under ORS 811.106 indicates that children may be arriving at or leaving school. [1997 c.682 §3; 1999 c.1051 §293; 2003 c.397 §9]
GENERAL DRIVING RULES
(Generally)
Section: Previous 811.215 811.220 811.225 811.230 811.231 811.232 811.233 811.235 811.250 811.255 811.260 811.265 811.270 811.275 811.277 NextLast modified: August 7, 2008