Waiver of motor vehicle, boating, game, violation and property cases
Source:
Section 419C.370 — Waiver of motor vehicle, boating, game, violation and property cases, https://www.oregonlegislature.gov/bills_laws/ors/ors419C.html.
Notes of Decisions
Under former similar statute
Action initiated in district court against 17-year-old for game law violation was properly retained by district court where: blanket remand order was in effect; notice had been given to juvenile court and juvenile court did not assert jurisdiction. State v. Ledford, 47 Or App 1109, 615 P2d 1161 (1980), Sup Ct review denied
Juvenile department is not prohibited from filing case relating to use or operation of motor vehicle directly in juvenile court, if department thinks juvenile court would be better forum. State ex rel Juv. Dept. v. Williams, 55 Or App 951, 640 P2d 675 (1982)
Provision for remand of child 16 years of age or older did not prohibit blanket remand of traffic cases involving juveniles under age of 16 and such remand did not violate Article I, section 20 of Oregon Constitution, or Fourteenth Amendment to U.S. Constitution. State ex rel. Juv. Dept. v. Strickland, 84 Or App 272, 733 P2d 932 (1987)
In general
Provision allowing for waiver of motor vehicle violation case involving juvenile defendant from juvenile court to criminal or municipal court did not impermissibly delegate legislative authority in violation of separation-of-powers doctrine. State v. Reasoner, 313 Or App 139, 495 P3d 686 (2021), Sup Ct review denied
Provision allowing for waiver of motor vehicle violation case involving juvenile defendant from juvenile court to criminal or municipal court did not violate Due Process Clause of Fourteenth Amendment to United States Constitution. State v. Reasoner, 313 Or App 139, 495 P3d 686 (2021), Sup Ct review denied
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