Chapter 153 — Chapter 153
153 sections in this chapter.
ORS 153.005 Definitions. As used in this chapter
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(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 or quasi-municipal corporation. (d) A police officer commissioned by a university under ORS 352.121 or 353.…
ORS 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
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(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 offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute m…
ORS 153.012 Violation categories. Violations are classified for the purpose of sentencing into the following categories
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(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. (6) Specific fine violations as described in ORS 153.015. [1999 c.1051 §4; 2021 c.2 §18: 2021 c.591 §11; 2024 c.70 §59]
ORS 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 an unclassified violation. An unclassified violation is a Class B violation
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(2) A specific fine violation is any offense described in the Oregon Revised Statutes that is designated as a specific fine violation or: (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 commit…
ORS 153.018 Maximum fines. (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 may not impose a term of imprisonment
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(2) Except as otherwise provided by law, the maximum fine for a violation committed by an individual is: (a) $2,000 for a Class A violation. (b) $1,000 for a Class B violation. (c) $500 for a Class C violation. (d) $250 for a Class D violation. (e) $2,000 for a specific fine viol…
ORS 153.019 Presumptive fines; generally. (1) Except as provided in ORS 153.020, the presumptive fines for violations are
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(a) $440 for a Class A violation. (b) $265 for a Class B violation. (c) $165 for a Class C violation. (d) $115 for a Class D violation. (2) The presumptive fine for a specific fine violation is: (a) The amount specified by statute as the presumptive fine for the violation; or (b)…
ORS 153.020 Presumptive fines; highway work zones, school zones and safety corridors. (1) If a person is charged with a traffic violation, as defined in ORS 801.557, and the enforcement officer issuing the citation notes on the citation that the offense occurred in a highway work zone and is subject to the provisions of ORS 811.230, occurred in a posted school zone and is subject to the provisions of ORS 811.235, or occurred in a safety corridor and is subject to the provisions of ORS 810.045 or 811.483, the presumptive fine for the violation is
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(a) $875 for a Class A violation. (b) $525 for a Class B violation. (c) $325 for a Class C violation. (d) $225 for a Class D violation. (2) Any surcharge imposed under ORS 1.188 shall be added to and made a part of the presumptive fine. [2011 c.597 §3; 2012 c.89 §10; 2016 c.78 §4…
ORS 153.021 Minimum fines; waiver; audit of court. (1) 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
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(a) $225 for a Class A violation. (b) $135 for a Class B violation. (c) $85 for a Class C violation. (d) $65 for a Class D violation. (2) Notwithstanding subsection (1) of this section, a court may waive payment of the minimum fine described in this section, in whole or in part, …
ORS 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 specify that violation of a specific rule of the agency is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the agency may specify that violation of the specific rule is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the rule is lower than the statutory classification for the offense. [1999 c.1051 §76]
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[Repealed or reserved.]
ORS 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, the political subdivision may by ordinance specify that violation of a specific ordinance of the political subdivision is subject to a specific fine, or a specific maximum fine, that is less in amount than the maximum fine for the offense specified by the statute. In addition, the political subdivision may specify that violation of the specific ordinance is a Class A, B, C or D violation under the provisions of ORS 153.012 as long as the class specified in the ordinance is lower than the statutory classification for the offense
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(2) Nothing in this section requires a political subdivision to use the classifications established by ORS 153.012 or to use the presumptive fines established under ORS 153.019 and 153.020 for violations of ordinances adopted by the political subdivision. [1999 c.1051 §78; 2011 c…
ORS 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 laws of this state applicable to crimes also apply to violations
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(2) Notwithstanding subsection (1) of this section, ORS 153.633 and all other provisions of this chapter and of the criminal procedure laws of this state do not apply to violations that govern the parking of vehicles and that are created by ordinance or by agency rule. (3) The st…
ORS 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 the provisions of this chapter. Rules adopted under this section supersede any local rule of a state court to the extent the local rule is inconsistent with the rule adopted by the Supreme Court. All city ordinances and municipal court rules must conform to any rules adopted by the Supreme Court under this section. [1999 c.1051 §8]
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[Repealed or reserved.]
ORS 153.036 Venue. (1) A violation proceeding may be commenced in
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(a) The county in which the violation was committed; or (b) Any other county whose county seat is a shorter distance by road from the place where the violation was committed than is the county seat of the county in which the violation was committed. (2)(a) If a violation proceedi…
ORS 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 section and ORS 810.410
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(2) An enforcement officer may stop and detain any person if the officer has reasonable grounds to believe that the person has committed a violation. An enforcement officer may stop and detain any employee, agent or representative of a firm, corporation or other organization if t…
ORS 153.042 Citations generally; 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, or as otherwise specifically provided by law, an enforcement officer may issue a violation citation only if the conduct alleged to constitute a violation takes place in the presence of the enforcement officer and the enforcement officer has reasonable grounds to believe that the conduct constitutes a violation
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(2) If the person receiving the citation is a firm, corporation or other organization, the citation may be issued to an employee, agent or representative of the firm, corporation or organization. [1999 c.1051 §9]
ORS 153.043 [2021 c.591 §19; 2023 c.248 §13; repealed by 2024 c.70 §72]
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[Repealed or reserved.]
ORS 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 for all violations. The citation may contain other language in addition to the language specified in this section
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(2) Uniform citation forms for violations shall be adopted by the Supreme Court under ORS 1.525. In adopting those forms, the Supreme Court may combine the requirements for violation citations under this section and the requirements for criminal citations under ORS 133.066. More …
ORS 153.048 Complaint; requirements. (1) The complaint in a violation citation must contain at least the following
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(a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant. (b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so a…
ORS 153.051 Summons; requirements. A summons in a violation citation is sufficient if it contains the following
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(1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear in court. (2) A statement or designation of the violation th…
ORS 153.054 Service and filing. Except as provided in ORS 267.153, 810.444, 811.590, 811.615 or 811.617 or other law, an enforcement officer issuing a violation citation shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court. [1999 c.1051 §16; 2017 c.427 §4; 2024 c.82 §5]
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[Repealed or reserved.]
ORS 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 alleged violation. The filing of the complaint is subject to ORS 153.048. The complaint shall be entered by the court in the court record
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(2) A complaint under this section must contain: (a) The name of the court, the name and address of the person bringing the action and the name and address of the defendant. (b) A statement or designation of the violation that can be readily understood by a person making a reason…
ORS 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
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(a) Make a first appearance by personally appearing in court at the time indicated in the summons; or (b) Make a first appearance in the manner provided in subsection (3) of this section before the time indicated in the summons. (2) If a defendant is issued a violation citation f…
ORS 153.062 [2021 c.2 §22; 2021 c.591 §20; 2023 c.248 §14; repealed by 2024 c.70 §72]
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[Repealed or reserved.]
ORS 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 first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance, only if the person is charged with failure to appear in a violation proceeding under ORS 153.992
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(2) If a person fails to make a first appearance on a citation for a violation, or fails to appear at any other subsequent time set for trial or other appearance on a violation, the court may issue an order that requires the defendant to appear and show cause why the defendant sh…
ORS 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 is required by the court or by law, the court shall set a date, time and place for the trial. [1999 c.1051 §19; 2001 c.19 §2; 2003 c.518 §1]
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[Repealed or reserved.]
ORS 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 least five days before the date set for trial under ORS 153.070. If the citation is for a traffic violation, or is for a violation of ORS 471.430, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220. [1999 c.1051 §20; 2001 c.817 §3; 2003 c.518 §1a]
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[Repealed or reserved.]
ORS 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 days after the date that the citation is issued unless the defendant waives the seven-day period
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(2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence. (3) The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings. (4) The defendant may not be required to be a…
ORS 153.080 Testimony by affidavit or declaration. (1) Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit or declaration of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following
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(a) Testimony may not be presented by affidavit or declaration under the provisions of this section unless the court has adopted rules providing procedures for the introduction and use of testimony by affidavit or declaration. (b) The court shall allow testimony by affidavit or d…
ORS 153.083 Who may present evidence. (1) 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 does not appear, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to
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(a) The application of statutes and rules to the facts in the case; (b) The literal meaning of the statutes or rules at issue in the case; (c) The admissibility of evidence; and (d) Proper procedures to be used in the trial. (2) Notwithstanding ORS 9.160 and 9.320, in any trial o…
ORS 153.090 Provisions of judgment. (1) Judgments entered under this chapter may include
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(a) Imposition of a sentence to pay a fine; (b) Costs and restitution authorized by law; (c) A requirement that the fine, costs and restitution, if any, be paid out of the presumptive fine; (d) Remission of any balance of a presumptive fine to the defendant; and (e) Any other pro…
ORS 153.093 [1999 c.1095 §3; 1999 c.1095 §5; 2003 c.14 §61; 2003 c.737 §104; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 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 to be imposed on the defendant if the defendant appears personally and agrees to complete at the defendant’s own expense a Safe Boating Education Course approved by the State Marine Board under ORS 830.110 (18), within time limits imposed by the court
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(2) In any proceeding for a violation under ORS 830.990 or 830.997, the court shall notify the State Marine Board if the defendant fails to appear at any time as required by law or the court, or fails to comply with any order of the court. [1999 c.1051 §96b]
ORS 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
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(2) If the defendant appears and enters a plea of no contest in the manner described in ORS 153.061 (3) and a trial is not otherwise required by the court or by law, the court shall make a decision based on the citation. The court may consider any statement of explanation submitt…
ORS 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, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge determines appropriate
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(2) If the defendant makes a first appearance in the manner required by ORS 153.061 within the time allowed and requests a trial, and the defendant subsequently fails to appear at the date, time and place set for any trial or other appearance in the matter, and if a trial is not …
ORS 153.105 Relief from judgment. (1) If a judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, including clerical mistake, inadvertence, surprise or excusable neglect, or that the court committed a legal error in entering the judgment. A motion for relief under this section must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment
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(2) If the defendant makes an oral request for relief under this section or the court rules on the request orally, or both, the court shall note in the docket that the defendant requested relief from judgment and the court’s disposition of the request. (3) This section does not l…
ORS 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 for one offense shall not bar the subsequent prosecution for the other. However, evidence of the first conviction shall not be admissible in any subsequent prosecution for the other offense
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(2) Notwithstanding ORS 43.130 and 43.160, a plea, finding or judgment in a violation proceeding, or the fact that a violation proceeding has been brought against a defendant, may not be used for the purpose of res judicata or collateral estoppel, or be admitted as evidence in an…
ORS 153.110 [1981 c.692 §11; repealed by 1999 c.1051 §32]
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[Repealed or reserved.]
ORS 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 manner required by ORS 810.375, and a copy of the judgment, if required, under the provisions of ORS 810.375
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(2) Upon entry of a conviction for violation of any provision of the wildlife laws or commercial fishing laws, or any rule promulgated pursuant to those laws, the court that enters the judgment of conviction shall forward to the Department of State Police an abstract of convictio…
ORS 153.120 [1981 c.692 §12; repealed by 1999 c.1051 §32]
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(Appeal)
ORS 153.121 Appeal. An appeal from a judgment in a violation proceeding may be taken by either party as follows
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(1) From a proceeding in justice court or municipal court, as provided in ORS 138.057 for appeals of violations. (2) From a proceeding in circuit court, as provided in ORS chapter 19, except that the standard of review is the same as for an appeal from a judgment in a proceeding …
ORS 153.125 [1999 c.1051 §35; 2003 c.737 §105; 2009 c.659 §§2a,2c; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.128 [1999 c.1051 §36; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.130 [1981 c.692 §13; 1999 c.59 §29; repealed by 1999 c.1051 §32]
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[Repealed or reserved.]
ORS 153.131 [1999 c.1051 §37; 1999 c.1071 §§5c,5d; 2007 c.124 §2; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.134 [1999 c.1051 §38; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.138 [1999 c.1051 §39; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.140 [1981 c.692 §15; repealed by 1999 c.1051 §32]
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[Repealed or reserved.]
ORS 153.142 [1999 c.1051 §34; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.145 [1999 c.1051 §38a; repealed by 2011 c.597 §5]
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[Repealed or reserved.]
ORS 153.150 [1981 c.692 §16; repealed by 1999 c.1051 §32]
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[Repealed or reserved.]