Title 153 · ORS Chapter 153

1.525. In adopting those forms, the Supreme Court may combine the requirements for violation citations under this section and the requirements for criminal citations under ORS 133.066. More than one v

Citation: ORS 1.525

Section: 1.525

1.525. In adopting those forms, the Supreme Court may combine the requirements for violation citations under this section and the requirements for criminal citations under ORS 133.066. More than one violation may be charged on a single citation form, but a crime and a violation may not be charged on the same citation form.

�� (3) A violation citation shall consist of at least four parts. Additional parts may be inserted for administrative use. The required parts are:

�� (a) A complaint in the form prescribed by ORS 153.048.

�� (b) The abstract of court record.

�� (c) The police record.

�� (d) A summons in the form prescribed by ORS 153.051.

�� (4) Each of the parts shall contain the information or blanks required by rules of the Supreme Court under ORS 1.525.

�� (5) The complaint shall contain a form of certificate in which the enforcement officer must certify, under the penalties provided in ORS 153.990, that the enforcement officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the violation specified in the complaint. A certificate conforming to this subsection shall be deemed equivalent of a sworn complaint. [1999 c.1051 �13; 2005 c.566 �2]

�� 153.048 Complaint; requirements. (1) The complaint in a violation citation must contain at least the following:

�� (a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.

�� (b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

�� (c) A certificate under ORS 153.045 (5) signed by the enforcement officer.

�� (2) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

�� (3) A court may amend a complaint in its discretion. [1999 c.1051 �14]

�� 153.051 Summons; requirements. A summons in a violation citation is sufficient if it contains the following:

�� (1) The name of the court, the name of the person cited, the date on which the citation was issued, the name of the enforcement officer issuing the citation, and the time and place at which the person cited is to appear in court.

�� (2) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

�� (3) A notice to the person cited that a complaint will be filed with the court based on the violation.

�� (4) The amount of the presumptive fine, if any, fixed for the violation.

�� (5) A statement notifying the person that a monetary judgment may be entered against the person for up to the maximum amount of fines, restitution and other costs allowed by law for the violation if the person fails to make all required appearances at the proceedings.

�� (6) A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the presumptive fine indicated on the citation, and the court accepts the plea, the amount of the fine imposed against the defendant may not exceed the amount of the presumptive fine indicated on the citation.

�� (7) A statement notifying the person that, if the person pleads no contest and delivers to the court the amount of the presumptive fine indicated on the citation:

�� (a) The person may submit an explanation of the circumstances of the violation; and

�� (b) The court may consider the explanation in establishing the amount of the fine, but in no event can the court impose a fine that is less than the minimum fine established under ORS 153.021 (1) except as provided in ORS 153.021 (2).

�� (8) A statement notifying the person that, if the person pleads not guilty and requests a trial, the court cannot impose a fine that is less than the minimum fine established under ORS 153.021 (1) except as provided in ORS 153.021 (2) or unless the person is found not guilty, in which case no fine will be imposed. [1999 c.1051 �15; 2011 c.597 �23; 2022 c.68 �2]

�� 153.054 Service and filing. Except as provided in ORS 267.153, 810.444, 811.590, 811.615 or 811.617 or other law, an enforcement officer issuing a violation citation shall cause the summons to be delivered to the person cited and shall cause the complaint and abstract of court record to be delivered to the court. [1999 c.1051 �16; 2017 c.427 �4; 2024 c.82 �5]

�� 153.058 Initiation of violation proceeding by private party. (1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that has jurisdiction over the alleged violation. The filing of the complaint is subject to ORS 153.048. The complaint shall be entered by the court in the court record.

�� (2) A complaint under this section must contain:

�� (a) The name of the court, the name and address of the person bringing the action and the name and address of the defendant.

�� (c) A certificate signed by the complainant stating that the complainant believes that the named defendant committed the violation specifically identified in the complaint and that the complainant has reasonable grounds for that belief. A certificate conforming to this section shall be deemed equivalent of a sworn complaint. Complaints filed under this section are subject to the penalties provided in ORS 153.990.

�� (3) Upon the filing of a complaint under this section, the court shall cause a summons to be delivered to the defendant and shall deliver a copy of the complaint to the district attorney for the county in which the complaint is filed. The court may require any enforcement officer to serve the summons.

�� (4) If the complaint does not conform to the requirements of this section, the court shall set it aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

�� (5) A court may, acting in its sole discretion, amend a complaint filed under the provisions of this section.

�� (6) A court shall dismiss a complaint filed under this section upon the motion of the district attorney for the county or of the city attorney for a city if:

�� (a) The district attorney or city attorney has brought a proceeding against the defendant named in the complaint or intends to bring a proceeding against the defendant named in the complaint; and

�� (b) The proceeding is brought by the district attorney or city attorney by reason of the same conduct alleged in the complaint.

�� (7) Any political subdivision of this state may require by ordinance that violation proceedings for the purpose of enforcing the charter or ordinances of the political subdivision may not be commenced in the manner provided by this section and that those proceedings may be commenced only by enforcement officers.

�� (8) A person other than an enforcement officer may commence a violation proceeding under this section only for:

�� (a) Boating violations under ORS chapter 830, or any violation of rules adopted pursuant to ORS chapter 830 if the violation constitutes an offense;

�� (b) Traffic violations under ORS chapters 801 to 826, or any violation of rules adopted pursuant to those chapters if the violation constitutes an offense;

�� (c) Violations under the wildlife laws, as described in ORS 496.002, or any violation of rules adopted pursuant to those laws if the violation constitutes an offense;

�� (d) Violations under the commercial fishing laws, as described in ORS 506.001, or any violation of rules adopted pursuant to those laws if the violation constitutes an offense; or

�� (e) Violations of ORS 618.121 to 618.161, and violation of rules adopted pursuant to those laws if the violation constitutes an offense. [1999 c.1051 �11]

�� 153.061 Appearance by defendant. (1) Except as provided in subsection (2) of this section, a defendant who has been issued a violation citation must either:

�� (a) Make a first appearance by personally appearing in court at the time indicated in the summons; or

�� (b) Make a first appearance in the manner provided in subsection (3) of this section before the time indicated in the summons.

�� (2) If a defendant is issued a violation citation for careless driving under ORS 811.135 on which a police officer noted that the offense contributed to an accident and that the cited offense appears to have contributed to the serious physical injury or death of a vulnerable user of a public way, the officer may not enter the amount of the presumptive fine on the summons and the defendant must make a first appearance by personally appearing in court at the time indicated in the summons.

�� (3)(a) Except as provided in this section, a defendant who has been issued a violation citation may make a first appearance in the matter before the time indicated in the summons by one of the following means:

�� (A) The defendant may submit to the court a written or oral request for a trial.

�� (B) The defendant may enter a plea of no contest by:

�� (i) Delivering to the court, a Central Violations Bureau established under ORS 153.806 or a Violations Bureau established by the court under ORS 153.800 the summons and a check or money order in the amount of the presumptive fine set forth in the summons; or

�� (ii) Appearing by electronic or telephonic means and entering the plea with a Central Violations Bureau established under ORS 153.806 or a Violations Bureau established by the court under ORS 153.800.

�� (b) The entry of a plea under paragraph (a)(B) of this subsection constitutes a waiver of trial and consent to the entry of a judgment forfeiting the presumptive fine.

�� (c) A no contest plea under this subsection is not subject to the requirements of ORS chapter 135 relating to the entry of pleas and, upon receipt of the plea, the court may enter judgment against the defendant without taking further evidence.

�� (4) The court may require that a defendant requesting a trial under subsection (3) of this section deposit an amount equal to the presumptive fine established under ORS