Title 153 · ORS Chapter 153

153.020. �� (4) A judge may suspend operation of any part of a judgment entered under this chapter upon condition that the defendant pay the nonsuspended portion of a fine within a specified perio

Citation: ORS 153.020

Section: 153.020

153.020.

�� (4) A judge may suspend operation of any part of a judgment entered under this chapter upon condition that the defendant pay the nonsuspended portion of a fine within a specified period of time. If the defendant fails to pay the nonsuspended portion of the fine within the specified period of time, the suspended portion of the judgment becomes operative without further proceedings by the court and the suspended portion of the fine becomes immediately due and payable.

�� (5) The court may not issue notice to the Department of Transportation to suspend the defendant�s driving privileges unless a trial has been required. The failure of the defendant to appear at the trial does not prevent the court from issuing notice to the department to suspend the defendant�s driving privileges.

�� (6) Entry of a default judgment under ORS 153.102 does not preclude the arrest and prosecution of the defendant for the crime of failure to appear in a violation proceeding under ORS 153.992.

�� (7) If a person held commercial driving privileges as described in ORS 807.018 at the time the offense was committed, a court may not defer entry of a judgment or allow an individual to enter into a diversion program that would prevent a conviction for a traffic offense from appearing on the driving record of the holder. This subsection applies to all traffic offenses, whether committed while driving a motor vehicle or a commercial motor vehicle, but does not apply to parking violations. [1999 c.1051 �25; 2003 c.670 �3; 2005 c.649 �30; 2007 c.122 �12; 2007 c.784 �7; 2009 c.395 �4; 2011 c.355 �18; 2011 c.597 �27; 2012 c.89 �5; 2013 c.237 �30]

�� 153.093 [1999 c.1095 �3; 1999 c.1095 �5; 2003 c.14 �61; 2003 c.737 �104; repealed by 2011 c.597 �5]

�� 153.096 Suspension of fine in certain cases. (1) In any proceeding for a violation under ORS 830.990 or 830.997, the court may conditionally suspend all or part of any fine or penalty to be imposed on the defendant if the defendant appears personally and agrees to complete at the defendant�s own expense a Safe Boating Education Course approved by the State Marine Board under ORS 830.110 (18), within time limits imposed by the court.

�� (2) In any proceeding for a violation under ORS 830.990 or 830.997, the court shall notify the State Marine Board if the defendant fails to appear at any time as required by law or the court, or fails to comply with any order of the court. [1999 c.1051 �96b]

�� 153.099 Entry; nondefault cases. (1) If a trial is held in a violation proceeding, the court shall enter a judgment based on the evidence presented at the trial.

�� (2) If the defendant appears and enters a plea of no contest in the manner described in ORS 153.061 (3) and a trial is not otherwise required by the court or by law, the court shall make a decision based on the citation. The court may consider any statement of explanation submitted with the plea. [1999 c.1051 �23; 2007 c.784 �8; 2011 c.597 �25a; 2012 c.89 �6]

�� 153.102 Entry; default cases. (1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the complaint and any other evidence the judge determines appropriate.

�� (2) If the defendant makes a first appearance in the manner required by ORS 153.061 within the time allowed and requests a trial, and the defendant subsequently fails to appear at the date, time and place set for any trial or other appearance in the matter, and if a trial is not otherwise required by the court or by law, the court shall enter a judgment based on the complaint and any other evidence the judge determines appropriate. [1999 c.1051 �24]

�� 153.105 Relief from judgment. (1) If a judgment is entered against a defendant under ORS 153.102, the court may relieve a defendant from the judgment upon a showing that the failure of the defendant to appear was due to mistake, including clerical mistake, inadvertence, surprise or excusable neglect, or that the court committed a legal error in entering the judgment. A motion for relief under this section must be made by the defendant within a reasonable time, and in no event may a motion under this section be made more than one year after entry of judgment.

�� (2) If the defendant makes an oral request for relief under this section or the court rules on the request orally, or both, the court shall note in the docket that the defendant requested relief from judgment and the court�s disposition of the request.

�� (3) This section does not limit the inherent authority of the court to relieve a party from a judgment within a reasonable time after entry of the judgment. [1999 c.1051 �26; 2025 c.268 �30e]

�� 153.108 Effect of judgment. (1) Notwithstanding ORS 131.505 to 131.535, 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 and 43.160, 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]

�� 153.110 [1981 c.692 �11; repealed by 1999 c.1051 �32]

�� 153.111 Distribution of abstracts of convictions. (1) Upon entry of a conviction for a traffic offense, the court shall forward to the Department of Transportation an abstract of conviction in the manner required by ORS 810.375, and a copy of the judgment, if required, under the provisions of ORS 810.375.

�� (2) Upon entry of a conviction for violation of any provision of the wildlife laws or commercial fishing laws, or any rule promulgated pursuant to those laws, the court that enters the judgment of conviction shall forward to the Department of State Police an abstract of conviction.

�� (3) Upon entry of a conviction for violation of a weights and measures law subject to penalty under ORS 618.991, the court shall forward to the State Department of Agriculture an abstract of conviction.

�� (4) Upon entry of a conviction of a boating offense, as defined in ORS 830.005, the court shall forward to the State Marine Board an abstract of conviction.

�� (5) A court may destroy any abstract not required to be forwarded to an agency under the provisions of this section. [1999 c.1051 �51; 2021 c.597 �4]

�� 153.120 [1981 c.692 �12; repealed by 1999 c.1051 �32]

(Appeal)

�� 153.121 Appeal. An appeal from a judgment in a violation proceeding may be taken by either party as follows:

�� (1) From a proceeding in justice court or municipal court, as provided in ORS 138.057 for appeals of violations.

�� (2) From a proceeding in circuit court, as provided in ORS chapter 19, except that the standard of review is the same as for an appeal from a judgment in a proceeding involving a misdemeanor or felony. [1999 c.1051 �28; 2005 c.266 �1]

�� 153.125 [1999 c.1051 �35; 2003 c.737 �105; 2009 c.659 ��2a,2c; repealed by 2011 c.597 �5]

�� 153.128 [1999 c.1051 �36; repealed by 2011 c.597 �5]

�� 153.130 [1981 c.692 �13; 1999 c.59 �29; repealed by 1999 c.1051 �32]

�� 153.131 [1999 c.1051 �37; 1999 c.1071 ��5c,5d; 2007 c.124 �2; repealed by 2011 c.597 �5]

�� 153.134 [1999 c.1051 �38; repealed by 2011 c.597 �5]

�� 153.138 [1999 c.1051 �39; repealed by 2011 c.597 �5]

�� 153.140 [1981 c.692 �15; repealed by 1999 c.1051 �32]

�� 153.142 [1999 c.1051 �34; repealed by 2011 c.597 �5]

�� 153.145 [1999 c.1051 �38a; repealed by 2011 c.597 �5]

�� 153.150 [1981 c.692 �16; repealed by 1999 c.1051 �32]

�� 153.160 [1981 c.692 �17; repealed by 1999 c.1051 �32]

�� 153.170 [1981 c.692 �18; repealed by 1999 c.1051 �32]

�� 153.180 [1981 c.692 �19; repealed by 1999 c.1051 �32]

�� 153.190 [1981 c.692 �20; 1985 c.272 �1; 1991 c.824 �3; 1995 c.292 �3; repealed by 1999 c.1051 �32]

�� 153.200 [1981 c.692 �21; repealed by 1999 c.1051 �32]

�� 153.210 [1981 c.692 �22; 1985 c.725 �10; repealed by 1999 c.1051 �32]

�� 153.220 [1981 c.692 �23; 1995 c.658 �80; repealed by 1999 c.1051 �32]

�� 153.230 [1981 c.692 �24; repealed by 1999 c.1051 �32]

�� 153.240 [1981 c.692 �25; repealed by 1999 c.1051 �32]

�� 153.250 [1981 c.692 �26; repealed by 1999 c.1051 �32]

�� 153.260 [1981 c.692 �27; repealed by 1999 c.1051 �32]

�� 153.270 [1981 c.692 �8; repealed by 1999 c.1051 �32]

�� 153.280 [1981 c.692 �28; 1985 c.342 �21; 1995 c.658 �81; 1997 c.389 �13; repealed by 1999 c.1051 �32]

�� 153.290 [1981 c.692 �29; repealed by 1995 c.292 �8]

�� 153.300 [1981 c.692 �30; repealed by 1995 c.292 �8]

�� 153.310 [1981 c.692 �9; 1993 c.531 �4; repealed by 1999 c.1051 �32]

�� 153.325 [1981 c.626 �5; repealed by 1999 c.1051 �32]

�� 153.330 [Formerly 488.210; repealed by 1999 c.1051 �32]

�� 153.335 [Formerly 488.220; repealed by 1999 c.1051 �32]

�� 153.340 [Formerly 488.230; repealed by 1999 c.1051 �32]

�� 153.345 [Formerly 488.240; repealed by 1999 c.1051 �32]

�� 153.350 [Formerly 488.250; repealed by 1999 c.1051 �32]

�� 153.355 [Formerly 488.260; repealed by 1999 c.1051 �32]

�� 153.360 [Formerly 488.270; repealed by 1999 c.1051 �32]

�� 153.365 [Formerly 488.280; repealed by 1999 c.1051 �32]

�� 153.370 [Formerly 488.290; 1985 c.272 �2; 1991 c.931 ��2,2a; 1995 c.292 �4; repealed by 1999 c.1051 �32]

�� 153.375 [Formerly 488.300; repealed by 1999 c.1051 �32]

�� 153.380 [1981 c.626 �6; 1985 c.725 �11; repealed by 1999 c.1051 �32]

�� 153.385 [1981 c.626 �7; 1995 c.658 �82; repealed by 1999 c.1051 �32]

�� 153.390 [1981 c.626 �8; repealed by 1999 c.1051 �32]

�� 153.395 [1981 c.626 �10; repealed by 1999 c.1051 �32]

�� 153.400 [1981 c.626 �11; repealed by 1999 c.1051 �32]

�� 153.405 [1981 c.626 �12; repealed by 1999 c.1051 �32]

�� 153.410 [1981 c.626 �13; repealed by 1999 c.1051 �32]

�� 153.415 [1981 c.626 �14; 1985 c.342 �22; 1995 c.658 �83; 1997 c.389 �14; repealed by 1999 c.1051 �32]

�� 153.420 [1981 c.626 �15; repealed by 1999 c.1051 �32]

�� 153.425 [1981 c.626 �16; repealed by 1995 c.292 �8]

�� 153.430 [1981 c.626 �17; repealed by 1995 c.292 �8]

�� 153.440 [1981 c.626 �9; 1993 c.531 �5; repealed by 1999 c.1051 �32]

�� 153.500 [Formerly 484.010; 1987 c.730 �6; 1991 c.67 �30; 1991 c.208 �4; repealed by 1999 c.1051 �32]

�� 153.505 [Formerly 484.350; repealed by 1999 c.1051 �32]

�� 153.510 [Formerly 484.155; repealed by 1999 c.1051 �32]

�� 153.515 [Formerly 484.150; repealed by 1999 c.1051 �32]

�� 153.520 [Formerly 484.160; repealed by 1999 c.1051 �32]

�� 153.525 [Formerly 484.170; repealed by 1999 c.1051 �32]

�� 153.527 [1989 c.355 �1; repealed by 1999 c.1051 �32]

TRAFFIC OFFENSES

�� 153.530 Designation of speed in complaint and summons charging violation of basic speed rule or speed limit. The complaint and summons in a citation issued for the charges specified in this section shall specify the speed at which the defendant is alleged to have driven and the posted speed, the speed limit or the speed that constitutes prima facie evidence of violation of the basic speed rule, as appropriate, for the district or location. This section applies to the following charges:

�� (1) Violating the basic speed rule under ORS 811.100.

�� (2) Violating a speed limit under ORS 811.111. [Formerly 484.175; 1987 c.5 �7; 1987 c.887 �14; 1999 c.1051 �79; 2003 c.819 �12]

�� 153.535 Delivery of summons for certain traffic offenses. (1) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant�s last-known address if:

�� (a) The summons is for an alleged violation of ORS 803.315, 811.520, 811.530, 815.025, 815.080 to 815.090, 815.115, 815.130, 815.185, 815.210 to 815.255, 815.275, 815.285,