Section 153.655 – Disposition of fines for mass transit district ordinance violations.
(1) If a court enters a judgment of conviction for the violation of an ordinance enacted by the district board of a mass transit district under ORS 267.150, amounts collected under the judgment are payable as follows: (a) The amount prescribed by ORS 153.633 (1) is payable to the state and must be deposited in […]
Section 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 the failure of the defendant to appear was due to mistake, inadvertence, surprise or excusable neglect. A motion for relief under this section must be made by the defendant within […]
Section 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. […]
Section 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. (2) Upon entry of a conviction for violation of any provision […]
Section 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. (2) The state, municipality or political subdivision shall have the burden of proving the […]
Section 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: (a) Testimony […]
Section 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 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: (1) The application of statutes […]
Section 153.090 – Provisions of judgment.
(1) Judgments entered under this chapter may include: (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 […]
Section 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 […]
Section 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) 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 […]