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.

(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 (Applicability) to 135.873 (Protective orders) apply in violation proceedings.

(4)

The defendant may not be required to be a witness in the trial of any violation.

(5)

Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.

(6)

A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 §21]

Source: Section 153.076 — Conduct of trial, https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html.

Notes of Decisions

State may rely on statutory presumption to prove traffic offense by preponderance of evidence. State v. Dahl, 336 Or 481, 87 P3d 650 (2004)

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

§ 153.076’s source at oregon​.gov