Chapter 153

      153.030

NOTES OF DECISIONS

      Statutory speedy trial provision (former ORS 135.747) is part of criminal procedure laws made applicable to violations by this section. State v. Greenlick, 210 Or App 662, 152 P3d 971 (2007)

      153.048

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)

      153.058

NOTES OF DECISIONS

      County authority under ORS 203.810 to create exceptions governing state court enforcement of county law does not allow county to permit citizen commencement of violation proceeding in state court where ordinance is not of type listed in this section. Hood River County v. Stevenson, 177 Or App 78, 33 P3d 325 (2001)

      153.076

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)

      153.108

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)