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)

 

      153.630

(formerly 484.250)

 

NOTE: Repealed as of January 1, 2012

 

NOTES OF DECISIONS

 

      In de novo appeals in circuit court arising from traffic offense convictions in municipal court in which arrest or complaint was made by a city policeman, the county clerk shall remit one-half of the fine to the city. City of St. Helens v. Columbia County, 21 Or App 128, 533 P2d 1401 (1975)

 

ATTY. GEN. OPINIONS: Remission by State Police of one-half of traffic fines, costs or bail moneys to General Fund as unconstitutional diversion of State Highway Funds, (1978) Vol 39, p 288