ORS 153.108
Effect of judgment

(1)

Notwithstanding ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.535 (Proceedings not constituting acquittal), 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.

(2)

Notwithstanding ORS 43.130 (Judicial orders that are conclusive) and 43.160 (What determined by former judgment), 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 any civil proceeding. [1999 c.1051 §27; 2011 c.597 §29]

Source: Section 153.108 — Effect of judgment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html.

Notes of Decisions

Under former similar statute (ORS 153.810)

Crime and violation do not need to be charged in same charging instrument. State v. Garnier, 171 Or App 564, 16 P3d 1175 (2000)

In general

Where prosecuting attorney elects to treat misdemeanor as Class A violation, subject to constitutional constraints, person committed violation for purposes of determining whether person may subsequently be prosecuted for crime that was part of same criminal episode. State v. Page, 200 Or App 55, 113 P3d 447 (2005), Sup Ct review denied; State v. Hewitt, 206 Or App 680, 138 P3d 873 (2006)

Separate prosecution for violation is permissible even if violation is lesser included offense to prosecuted crime. State v. Warner, 200 Or App 65, 112 P3d 464 (2005), aff’d 342 Or 361, 153 P3d 674 (2007)

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

§ 153.108’s source at oregon​.gov