ORS 153.048
Complaint

  • requirements

(1)

The complaint in a violation citation must contain at least the following:

(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 and the date, time and place at which the violation is alleged to have been committed.

(c)

A certificate under ORS 153.045 (Citation) (5) signed by the enforcement officer.

(2)

If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

(3)

A court may amend a complaint in its discretion. [1999 c.1051 §14]

Source: Section 153.048 — Complaint; requirements, https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html.

Notes of Decisions

Court may not amend citation to allege offense not described in enforcement officer’s certification of belief included in complaint. State v. Savage, 226 Or App 116, 203 P3d 295 (2009)

153.005
Definitions 153.008
Violations described 153.012
Violation categories 153.015
Unclassified and specific fine violations 153.018
Maximum fines 153.019
Presumptive fines 153.020
Presumptive fines 153.021
Minimum fines 153.022
Authority of agency to specify rule violation as particular level of violation 153.025
Authority of political subdivision to specify ordinance violation as particular level of violation 153.030
Applicability 153.033
Rules of procedure 153.036
Venue 153.039
Stop and detention for violation 153.042
Citations generally 153.043
Citations for Class E violations 153.045
Citation 153.048
Complaint 153.051
Summons 153.054
Service and filing 153.058
Initiation of violation proceeding by private party 153.061
Appearance by defendant 153.062
Class E violation proceedings 153.064
Warrant for arrest upon failure to appear 153.070
When trial required 153.073
Time and place 153.076
Conduct of trial 153.080
Testimony by affidavit or declaration 153.083
Role of peace officer 153.090
Provisions of judgment 153.096
Suspension of fine in certain cases 153.099
Entry 153.102
Entry 153.105
Relief from default judgment 153.108
Effect of judgment 153.111
Distribution of abstracts of convictions 153.121
Appeal 153.530
Designation of speed in complaint and summons charging violation of basic speed rule or speed limit 153.535
Delivery of summons for certain traffic offenses 153.624
Costs for obtaining driving records 153.633
Distribution to state 153.640
Disposition of fines for traffic offenses 153.645
Disposition of fines for traffic offenses 153.650
Disposition of fines for traffic offenses 153.655
Disposition of fines for mass transit district ordinance violations 153.657
Disposition of fines for violations of homeschooled student requirements 153.660
Use of amounts paid to county treasurer 153.675
Disposition of amounts payable to state and local governments 153.680
Costs 153.770
Electronic filing of citation for offenses subject to written uniform citation 153.772
Suspension of driving privileges for failure to appear 153.800
Violations Bureau established by court 153.806
Central Violations Bureau 153.820
Special procedures for parking violations in Multnomah County 153.990
Penalty for false certification 153.992
Penalty for failure to appear
Green check means up to date. Up to date

Current through early 2024

§ 153.048’s source at oregon​.gov