809.220. [1999 c.1051 �20; 2001 c.817 �3; 2003 c.518 �1a] ����� 153.076 Conduct of trial. (1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proce

809.220. [1999 c.1051 �20; 2001 c.817 �3; 2003 c.518 �1a]

����� 153.076 Conduct of trial. (1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven-day period.

����� (2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.

����� (3) The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings.

����� (4) The defendant may not be required to be a witness in the trial of any violation.

����� (5) Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.

����� (6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial. [1999 c.1051 �21]

����� 153.080 Testimony by affidavit or declaration. (1) Notwithstanding any other provision of law, the court may admit as evidence in any trial in a violation proceeding the affidavit or declaration of a witness in lieu of taking the testimony of the witness orally and in court. The authority granted under this section is subject to all of the following:

����� (a) Testimony may not be presented by affidavit or declaration under the provisions of this section unless the court has adopted rules providing procedures for the introduction and use of testimony by affidavit or declaration.

����� (b) The court shall allow testimony by affidavit or declaration under this section only upon receiving a signed statement from the defendant waiving the right to have the testimony presented orally in court.

����� (c) Testimony by affidavit or declaration under this section is not subject to objection as hearsay.

����� (d) A statement signed by the defendant under paragraph (b) of this subsection does not constitute a waiver of trial unless the affidavit or declaration specifically so provides.

����� (e) Nothing in this section requires that the defendant or any other witness waive the right to appear if other testimony is introduced by affidavit or declaration as provided in this section.

����� (2) As used in this section, �declaration� means a declaration under penalty of perjury in the form required by ORCP 1 E. [1999 c.1051 �22; 2015 c.121 �2]

����� 153.083 Who may present evidence. (1) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:

����� (a) The application of statutes and rules to the facts in the case;

����� (b) The literal meaning of the statutes or rules at issue in the case;

����� (c) The admissibility of evidence; and

����� (d) Proper procedures to be used in the trial.

����� (2) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the duly authorized traffic enforcement agent who issued the citation for the offense may present the evidence reviewed by the agent as the basis for issuing a citation under ORS 810.436, 810.437 or 810.444.

����� (3) Notwithstanding ORS 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the weighmaster or motor carrier enforcement officer who issued the citation for the offense may present the evidence reviewed by the weighmaster or motor carrier enforcement officer as the basis for issuing a citation listed under ORS 810.530.

����� (4)(a) As used in this section, �duly authorized traffic enforcement agent� means an individual who:

����� (A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent�s duties; and

����� (B) Has completed all necessary technical, administrative and other training to review photographs and issue citations under ORS 810.436, 810.437 or 810.444.

����� (b) Duly authorized traffic enforcement agents are not police officers as defined in ORS