ORS Chapter 153

Chapter 153 — Violationsand Traffic Offenses

2009 EDITION

VIOLATIONSAND TRAFFIC OFFENSES

PROCEDUREIN CRIMINAL MATTERS GENERALLY

VIOLATIONS

(Generally)

153.005 Definitions

153.008 Violationsdescribed

153.012 Violationcategories

153.015 Unclassifiedand specific fine violations

153.018 Scheduleof penalties

153.022 Authorityof agency to specify rule violation as particular level of violation

153.025 Authorityof political subdivision to specify ordinance violation as particular level ofviolation

(Procedures)

153.030 Applicability;statute of limitations

153.033 Rulesof procedure

153.036 Venue

153.039 Stopand detention for violation

153.042 Citations;issuance

153.045 Citation;requirements

153.048 Complaint;requirements

153.051 Summons;requirements

153.054 Serviceand filing

153.058 Initiationof violation proceeding by private party

153.061 Appearanceby defendant

153.064 Warrantfor arrest upon failure to appear

(Trial)

153.070 Whentrial required

153.073 Timeand place

153.076 Conductof trial

153.080 Testimonyby affidavit

153.083 Roleof peace officer

(Judgment)

153.090 Provisionsof judgment

153.093 Minimumfine

153.096 Suspensionof fine in certain cases

153.099 Entry;nondefault cases

153.102 Entry;default cases

153.105 Relieffrom default judgment

153.108 Effectof judgment

153.111 Distributionof abstracts of convictions

(Appeal)

153.121 Appeal

(BaseFine Amounts)

153.125 Basefine amounts generally

153.128 Increasedbase fine amount for certain violations

153.131 Increasedbase fine amount for certain traffic violations

153.134 Basefine amount for violation of wildlife laws

153.138 Scheduleof base fine amounts

153.142 Authorityof courts to establish higher base fine amounts

153.145 Roundingoff

TRAFFICOFFENSES

153.530 Designationof speed in complaint and summons charging violation of basic speed rule orspeed limit

153.535 Deliveryof summons for certain traffic offenses

153.624 Costsfor obtaining driving records

153.630 Dispositionof moneys collected by courts

153.635 Delinquencyin paying moneys under ORS 153.630

MISCELLANEOUS

153.770 Electronicfiling of complaint for offenses subject to citation by uniform citation

153.772 Suspensionof driving privileges for failure to appear; limitation on district attorney’sauthority

VIOLATIONSBUREAU

153.800 ViolationsBureau; establishment; authority of violations clerk

MULTNOMAHCOUNTY PARKING VIOLATION PROCEDURES

153.820 Specialprocedures for parking violations in Multnomah County

PENALTIES

153.990 Penaltyfor false certification

153.992 Penaltyfor failure to appear

VIOLATIONS

(Generally)

153.005Definitions.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 city marshal or a member of the police of a city, municipal orquasi-municipal corporation.

(d)An investigator of a district attorney’s office if the investigator is or hasbeen certified as a peace officer in this or any other state.

(e)An investigator of the Criminal Justice Division of the Department of Justiceof the State of Oregon.

(f)A Port of Portland peace officer.

(g)Any other person specifically authorized by law to issue citations for thecommission of violations.

(2)“Traffic offense” has the meaning given that term in ORS 801.555.

(3)“Violation” means an offense described in ORS 153.008.

(4)“Violation proceeding” means a judicial proceeding initiated by issuance of acitation that charges a person with commission of a violation. [1999 c.1051 §2;2007 c.71 §44; 2009 c.299 §3]

153.008Violations described.(1) Except as provided in subsection (2) of this section, an offense is aviolation if any of the following apply:

(a)The offense is designated as a violation in the statute defining the offense.

(b)The statute prescribing the penalty for the offense provides that the offenseis punishable by a fine but does not provide that the offense is punishable bya term of imprisonment. The statute may provide for punishment in addition to afine as long as the punishment does not include a term of imprisonment.

(c)The offense is created by an ordinance of a county, city, district or otherpolitical subdivision of this state with authority to create offenses, and theordinance provides that violation of the ordinance is punishable by a fine butdoes not provide that the offense is punishable by a term of imprisonment. Theordinance may provide for punishment in addition to a fine as long as thepunishment does not include a term of imprisonment.

(d)The prosecuting attorney has elected to treat the offense as a violation forpurposes of a particular case in the manner provided by ORS 161.566.

(e)The court has elected to treat the offense as a violation for purposes of aparticular case in the manner provided by ORS 161.568.

(2)Conviction of a violation does not give rise to any disability or legaldisadvantage based on conviction of a crime. [1999 c.1051 §3]

153.012Violation categories.Violations are classified for the purpose of sentencing into the followingcategories:

(1)Class A violations;

(2)Class B violations;

(3)Class C violations;

(4)Class D violations;

(5)Unclassified violations as described in ORS 153.015; and

(6)Specific fine violations as described in ORS 153.015. [1999 c.1051 §4]

153.015Unclassified and specific fine violations. (1) An offense described in theOregon Revised Statutes that is designated as a violation but does not specifythe classification of the violation is an unclassified violation. Anunclassified violation is a Class B violation.

(2)A specific fine violation is any offense described in the Oregon RevisedStatutes that:

(a)Is not designated as a crime or as a class A, B, C or D violation;

(b)Is not punishable by a term of imprisonment as a penalty for committing theoffense; and

(c)Is punishable by a specific fine as the penalty for committing the offense. [1999c.1051 §5]

153.018Schedule of penalties. (1) The penalty for committing a violation is afine. The law creating a violation may impose other penalties in addition to afine but may not impose a term of imprisonment.

(2)Except as provided in this section, a sentence to pay a fine for a violationshall be a sentence to pay an amount not exceeding:

(a)$720 for a Class A violation.

(b)$360 for a Class B violation.

(c)$180 for a Class C violation.

(d)$90 for a Class D violation.

(e)The amount otherwise established by law for any specific fine violation.

(3)If no special corporate fine is specified in the law creating the violation, asentence to pay a fine for a violation committed by a corporation shall be inan amount not to exceed twice the fine established under this section for aviolation by an individual. If a special corporate fine is specified in the lawcreating the violation, the sentence to pay a fine shall be governed by the lawcreating the violation.

(4)If a person or corporation has gained money or property through the commissionof a violation, instead of sentencing the defendant to pay the fine providedfor in subsection (2) or (3) of this section, the court may sentence thedefendant to pay an amount fixed by the court, not exceeding double the amountof the defendant’s gain from the commission of the violation. For the purposesof this subsection, the defendant’s gain is the amount of money or the value ofproperty, as determined under ORS 164.115, derived from the commission of theviolation, less the amount of money or the value of property, as determinedunder ORS 164.115, returned to the victim of the violation or seized by orsurrendered to lawful authority before the time sentence is imposed. [1999c.1051 §6; 2003 c.737 §103]

153.022Authority of agency to specify rule violation as particular level of violation. If a statuteprovides that violation of the rules of an agency constitutes an offense, asdescribed in ORS 161.505, the agency may by rule specify that violation of aspecific rule of the agency is subject to a specific fine, or a specificmaximum fine, that is less in amount than the maximum fine for the offensespecified by the statute. In addition, the agency may specify that violation ofthe specific rule is a Class A, B, C or D violation under the provisions of ORS153.012 as long as the class specified in the rule is lower than the statutoryclassification for the offense. [1999 c.1051 §76]

153.025Authority of political subdivision to specify ordinance violation as particularlevel of violation.(1) If a statute provides that violation of the ordinances of a politicalsubdivision of this state constitutes an offense, as described in ORS 161.505,the political subdivision may by ordinance specify that violation of a specificordinance of the political subdivision is subject to a specific fine, or aspecific maximum fine, that is less in amount than the maximum fine for theoffense specified by the statute. In addition, the political subdivision mayspecify that violation of the specific ordinance is a Class A, B, C or Dviolation under the provisions of ORS 153.012 as long as the class specified inthe ordinance is lower than the statutory classification for the offense.

(2)Nothing in this section requires a political subdivision to use theclassifications established by ORS 153.012 or to use the base fine amountcalculated under ORS 153.125 to 153.145 for violations of ordinances adopted bythe political subdivision. [1999 c.1051 §78]

(Procedures)

153.030Applicability; statute of limitations. (1) The procedures provided for in thischapter apply to violations described in ORS 153.008. Except as specificallyprovided in this chapter, the criminal procedure laws of this state applicableto crimes also apply to violations.

(2)Notwithstanding subsection (1) of this section, the procedures described inthis chapter and in the criminal procedure laws of this state do not apply toviolations that govern the parking of vehicles and that are created byordinance or by agency rule.

(3)The statute of limitations for proceedings under this chapter is as provided inORS 131.125.

(4)This chapter does not affect the ability of a city described in ORS 3.136 (1)to engage in the activities described in ORS 3.136 (3). Nothing in this chapteraffects the ability of any other political subdivision of this state to providefor the administrative enforcement of the charter, ordinances, rules andregulations of the political subdivision, including enforcement throughimposition of monetary penalties. Except for ordinances governing the parkingof vehicles, administrative enforcement as described in this subsection may notbe used for any prohibition designated as an offense.

(5)Nothing in this chapter affects the ability of any political subdivision ofthis state to establish rules relating to administrative enforcement asdescribed in subsection (4) of this section, including rules providing for theuse of citations or other procedures for initiating administrative enforcementproceedings.

(6)Nothing in this chapter affects the ability of any political subdivision ofthis state to conduct hearings for administrative enforcement as described insubsection (4) of this section, either before a hearing officer or before thegoverning body of the political subdivision.