ponyfool
Well-known member
[SIZE=8pt]DISCLAIMER:While it is common knowledge on this forum that I am an Oregon cop, and while much of the information below was learned from my occupation, the below information is provided from my personal knowledge, and does not reflect my employer nor my position. In addition, this is NOT legal advice, it is merely a collection of information from resources that are readily available for others to use as it relates to Oregon's traffic laws.[/SIZE]
Oregon's Traffic Laws are governed by Oregon Revised Statutes (ORS), starting with Chapter 801 and continuing through Chapter 826, all of which can be found on the official state web site HERE
However, the most basic laws are found in chapter 811 (rules of the road or moving violations) and chapter 816 (equipment definitions and violations). Drunk driving laws can be found in chapter 813
Traffic laws are broken down into two categories, violations (used to be called infractions) and crimes. A violation merely means that the only punishment is pecuniary (fine and/or license suspension only). Jail time is not possible for violations, thus there is no right to an attorney during contested violations. Of course, you can hire one, but that's out of your pocket.
Traffic crimes in Oregon include DUII (drunk driving), Reckless Driving, Hit and Run, etc. They are treated the same way regular crimes are handled. Jail time is a possibility, thus you have the right to an attorney (free if you qualify). However, just because you are charged with and possibly convicted of a traffic crime, the punishment doesn't always include jail time, and could be anything ranging from jail, a fine, license suspension or any combination.
The burden of proof for violations is "by the preponderance of evidence." If you ask 10 lawyers what that means, you'll get 10 answers (and a big bill), but the long and short of it is, anything over 50% is a preponderance. Some call it more likely than not. Criminal charges fall under the "beyond a reasonable doubt" standard. This is a HUGE difference when it comes to trial.
In order to enforce traffic laws in Oregon, the officer must be in uniform with his badge displayed, or alternatively, must show his badge and/or identification when approaching a motorist. There is also a section now in Oregon law that allows for a person who is being pulled over by an unmarked police car to continue driving (obeying all laws) until they enter a populated location or other safe area to make sure the person pulling them over is a real officer.
For traffic violations, the offense must occur in the officer's presence. This becomes problematic during traffic accidents when one person runs a red light and hits another. The officer can, based on the dynamics of the accident, issue a citation to the red light runner. But in order to get a conviction, the other driver or other witness must testify that the offender ran the light unless the officer actually observed the offense. One exception to this rule is when an officer is using another officer's probable cause to make the traffic stop. For example, one officer on an overpass is using LIDAR or RADAR to obtain a vehicle's speed, he can radio to another officer who didn't observe the violation and make the stop. In this case, both officers must appear in court. The first has to testify that he observed the speed, acquired the reading, and then observed the other officer pull the correct vehicle over. Then the second officer testifies that he pulled over the vehicle he was told to and whatever his observations of the driver were.
For traffic crimes, the offense does not need to occur in the officer's presence. The officer can arrest based on probable cause.
In Oregon, you do not sign a citation. The officer just has to testify that they presented it to the violator.
The fee structure for Oregon Traffic Fines are set by the legislature. The presumptive fines are below, but the actual fine could be higher or lower depending on prior driving history. However, the judge is NOT allowed to view the defendant's driving history until AFTER the defendant has been found guilty.
Base Fines:
Class A violation = $427
Class B violation = $242
Class C violation = $145
Class D violation = $97
All fines are "doubled" when in a school or construction zone. I put "doubled" in quotes because it actually isn't quite double, but close enough. Also, if convicted in a school zone, the judge is not allowed to reduce the fine.
SPECIFIC TYPES OF CHARGES:
SPEEDING: One of the most commonly misunderstood laws in Oregon has been the "Basic Rule". Many people thought Oregon was like Montana used to be in that there were no established speed limits and that people only had to drive at a speed that was reasonable and prudent. Aside from the fact that it never was really quite like that, it all went away when the legislature passed ORS 811.111 in recent years.
Now, we are like most other states in regards to speeding in that the posted speed is the limit. However, the "Basic Rule" does still apply in situations where the speed limit is too fast for conditions (ie: ice, flooded roads, etc).
Speeding is broken down into the following Class of violation:
1-10 over = Class D
11-20 over = Class C
21-30 over = Class B
31+ over = Class A
Going more than 100 mph in any speed zone is an automatic $1103 fine.
SPEED RACING: ORS 811.125 Speed Racing includes any of the following when done with a motor vehicle on a public highway:
a] A speed competition or contest
b] An acceleration contest
c] A test of physical endurance
d] An exhibition of speed or acceleration
e] The making of a speed record
f] A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes
g] A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit
Speed Racing is a Class A violation.
In looking at this, I wonder if an SS1000 or BBG would fall into section 6???? :blink:
RED AND YELLOW LIGHTS: ORS 811.265 Fail to Obey a Traffic Control Device: This is a very ominous code in that ANY traffic control device that is disregarded falls under this charge for the purposes of a penalty. Red lights in Oregon are pretty much the same as other states. Red means stop. However, Oregon is different than most other states in regards to yellow lights. In most states, a yellow light means something to the extent of "proceed with caution." In Oregon, per ORS 811.260 (3), a driver facing a yellow light must STOP. However, if stopping at a yellow light can not be done safely, they can then proceed through the light. This has been interpreted through the courts to mean that a vehicle MUST attempt to stop at a yellow light before proceeding through it.
Failing to Obey a Traffic Control Device is a Class B Violation
PHOTO ENFORCEMENT: Oregon has both Photo Radar and Photo Red Lights, although, they are currently restricted to only a few jurisdictions and are not in use state wide. To start, it has been accepted by the courts that the registered owner is more likely than not the driver of any vehicle on the street (under the study they did years ago, it was something like 73% of the drivers were the registered owners). As a result, since the burden of proof for violations is only a preponderance of the evidence, any photo enforcement ticket, if found guilty, is the same as if it were issued by a uniformed officer.
Photo Radar has a few quirks here. For example, it can't be used on interstate highways. Also, it is required that a sign be put up on the street "no closer than 100 yards and no farther than 400 yards from the location of the" photo radar vehicle to warn drivers of the photo enforcement
Photo Red lights are similar in that "For each traffic control device at which a camera is installed, signs indicating that a camera may be in operation at the device are posted before the device at a location near the device."
If issued a photo enforcement ticket, and the registered owner was not the driver, the ticket is dismissed. Many jurisdictions ask the registered owner who the driver was if it wasn't them, and some ask in a way that implies they HAVE to tell, but the law is clear that all the registered owner has to do is show it wasn't them. For those of you who like legalese, here is the language used: ORS 810.43 (6)(a)"A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy" of the registered owner's driver's license.
The City of Beaverton is known to set their Photo Radar van to snap pictures at 7 mph over the limit. The City of Portland is typically 11 mph over the limit, but those are not set in stone, they are at the officer's discretion or department policy.
DUII - Driving Under the Influence of Intoxicants: Oregon's legal limit is .08% BAC. However, that is only the point at which you are presumed guilty. You can actually be convicted of DUII with a BAC as low as .04%, which is also the limit for commercial vehicles. Under 21 and there is a zero tolerance and anything over a .00% will receive penalties.
To be found guilty of DUII, all the state has to prove is that the driver was impaired to a "noticeable and perceptible degree."
Breath Tests: If you drive on a public highway or an area that is open to the public in the state of Oregon, you are subject to the "Implied Consent Law" found in the state vehicle code. This means that the state assumes that you automatically agree, just by driving, to take a breath test if you are arrested by a police officer for driving under the influence of intoxicants.
If you fail a breath test (.08% or higher), DMV will suspend your license 30 days after the arrest. If you refuse a breath test, the suspension is for a full year, however, if you fail, suspension is only for 90 days. If you've had a previous DUII conviction, the suspensions are extended... a lot. Also, if you refuse a breath test, the suspension still stands even if you win in court on the DUII charge. Finally, refusing to take a breath test is an unclassified violation (which carries the same fine as a Class A violation), and again, the fines are independent of the criminal charge of DUII.
If you have a specific question about Oregon Law, post a question here and I'll do my best to give you a non-binding, personal answer.
***ADMIN NOTE: This thread may be edited by the author to incorporate contributions by other members. Administrators then may delete those posts to keep the thread orderly. ***
Oregon's Traffic Laws are governed by Oregon Revised Statutes (ORS), starting with Chapter 801 and continuing through Chapter 826, all of which can be found on the official state web site HERE
However, the most basic laws are found in chapter 811 (rules of the road or moving violations) and chapter 816 (equipment definitions and violations). Drunk driving laws can be found in chapter 813
Traffic laws are broken down into two categories, violations (used to be called infractions) and crimes. A violation merely means that the only punishment is pecuniary (fine and/or license suspension only). Jail time is not possible for violations, thus there is no right to an attorney during contested violations. Of course, you can hire one, but that's out of your pocket.
Traffic crimes in Oregon include DUII (drunk driving), Reckless Driving, Hit and Run, etc. They are treated the same way regular crimes are handled. Jail time is a possibility, thus you have the right to an attorney (free if you qualify). However, just because you are charged with and possibly convicted of a traffic crime, the punishment doesn't always include jail time, and could be anything ranging from jail, a fine, license suspension or any combination.
The burden of proof for violations is "by the preponderance of evidence." If you ask 10 lawyers what that means, you'll get 10 answers (and a big bill), but the long and short of it is, anything over 50% is a preponderance. Some call it more likely than not. Criminal charges fall under the "beyond a reasonable doubt" standard. This is a HUGE difference when it comes to trial.
In order to enforce traffic laws in Oregon, the officer must be in uniform with his badge displayed, or alternatively, must show his badge and/or identification when approaching a motorist. There is also a section now in Oregon law that allows for a person who is being pulled over by an unmarked police car to continue driving (obeying all laws) until they enter a populated location or other safe area to make sure the person pulling them over is a real officer.
For traffic violations, the offense must occur in the officer's presence. This becomes problematic during traffic accidents when one person runs a red light and hits another. The officer can, based on the dynamics of the accident, issue a citation to the red light runner. But in order to get a conviction, the other driver or other witness must testify that the offender ran the light unless the officer actually observed the offense. One exception to this rule is when an officer is using another officer's probable cause to make the traffic stop. For example, one officer on an overpass is using LIDAR or RADAR to obtain a vehicle's speed, he can radio to another officer who didn't observe the violation and make the stop. In this case, both officers must appear in court. The first has to testify that he observed the speed, acquired the reading, and then observed the other officer pull the correct vehicle over. Then the second officer testifies that he pulled over the vehicle he was told to and whatever his observations of the driver were.
For traffic crimes, the offense does not need to occur in the officer's presence. The officer can arrest based on probable cause.
In Oregon, you do not sign a citation. The officer just has to testify that they presented it to the violator.
The fee structure for Oregon Traffic Fines are set by the legislature. The presumptive fines are below, but the actual fine could be higher or lower depending on prior driving history. However, the judge is NOT allowed to view the defendant's driving history until AFTER the defendant has been found guilty.
Base Fines:
Class A violation = $427
Class B violation = $242
Class C violation = $145
Class D violation = $97
All fines are "doubled" when in a school or construction zone. I put "doubled" in quotes because it actually isn't quite double, but close enough. Also, if convicted in a school zone, the judge is not allowed to reduce the fine.
SPECIFIC TYPES OF CHARGES:
SPEEDING: One of the most commonly misunderstood laws in Oregon has been the "Basic Rule". Many people thought Oregon was like Montana used to be in that there were no established speed limits and that people only had to drive at a speed that was reasonable and prudent. Aside from the fact that it never was really quite like that, it all went away when the legislature passed ORS 811.111 in recent years.
Now, we are like most other states in regards to speeding in that the posted speed is the limit. However, the "Basic Rule" does still apply in situations where the speed limit is too fast for conditions (ie: ice, flooded roads, etc).
Speeding is broken down into the following Class of violation:
1-10 over = Class D
11-20 over = Class C
21-30 over = Class B
31+ over = Class A
Going more than 100 mph in any speed zone is an automatic $1103 fine.
SPEED RACING: ORS 811.125 Speed Racing includes any of the following when done with a motor vehicle on a public highway:
a] A speed competition or contest
b] An acceleration contest
c] A test of physical endurance
d] An exhibition of speed or acceleration
e] The making of a speed record
f] A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes
g] A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit
Speed Racing is a Class A violation.
In looking at this, I wonder if an SS1000 or BBG would fall into section 6???? :blink:
RED AND YELLOW LIGHTS: ORS 811.265 Fail to Obey a Traffic Control Device: This is a very ominous code in that ANY traffic control device that is disregarded falls under this charge for the purposes of a penalty. Red lights in Oregon are pretty much the same as other states. Red means stop. However, Oregon is different than most other states in regards to yellow lights. In most states, a yellow light means something to the extent of "proceed with caution." In Oregon, per ORS 811.260 (3), a driver facing a yellow light must STOP. However, if stopping at a yellow light can not be done safely, they can then proceed through the light. This has been interpreted through the courts to mean that a vehicle MUST attempt to stop at a yellow light before proceeding through it.
Failing to Obey a Traffic Control Device is a Class B Violation
PHOTO ENFORCEMENT: Oregon has both Photo Radar and Photo Red Lights, although, they are currently restricted to only a few jurisdictions and are not in use state wide. To start, it has been accepted by the courts that the registered owner is more likely than not the driver of any vehicle on the street (under the study they did years ago, it was something like 73% of the drivers were the registered owners). As a result, since the burden of proof for violations is only a preponderance of the evidence, any photo enforcement ticket, if found guilty, is the same as if it were issued by a uniformed officer.
Photo Radar has a few quirks here. For example, it can't be used on interstate highways. Also, it is required that a sign be put up on the street "no closer than 100 yards and no farther than 400 yards from the location of the" photo radar vehicle to warn drivers of the photo enforcement
Photo Red lights are similar in that "For each traffic control device at which a camera is installed, signs indicating that a camera may be in operation at the device are posted before the device at a location near the device."
If issued a photo enforcement ticket, and the registered owner was not the driver, the ticket is dismissed. Many jurisdictions ask the registered owner who the driver was if it wasn't them, and some ask in a way that implies they HAVE to tell, but the law is clear that all the registered owner has to do is show it wasn't them. For those of you who like legalese, here is the language used: ORS 810.43 (6)(a)"A jurisdiction that receives a certificate of innocence under this paragraph shall dismiss the citation without requiring a court appearance by the registered owner or any other information from the registered owner other than the swearing or affirmation and the photocopy" of the registered owner's driver's license.
The City of Beaverton is known to set their Photo Radar van to snap pictures at 7 mph over the limit. The City of Portland is typically 11 mph over the limit, but those are not set in stone, they are at the officer's discretion or department policy.
DUII - Driving Under the Influence of Intoxicants: Oregon's legal limit is .08% BAC. However, that is only the point at which you are presumed guilty. You can actually be convicted of DUII with a BAC as low as .04%, which is also the limit for commercial vehicles. Under 21 and there is a zero tolerance and anything over a .00% will receive penalties.
To be found guilty of DUII, all the state has to prove is that the driver was impaired to a "noticeable and perceptible degree."
Breath Tests: If you drive on a public highway or an area that is open to the public in the state of Oregon, you are subject to the "Implied Consent Law" found in the state vehicle code. This means that the state assumes that you automatically agree, just by driving, to take a breath test if you are arrested by a police officer for driving under the influence of intoxicants.
If you fail a breath test (.08% or higher), DMV will suspend your license 30 days after the arrest. If you refuse a breath test, the suspension is for a full year, however, if you fail, suspension is only for 90 days. If you've had a previous DUII conviction, the suspensions are extended... a lot. Also, if you refuse a breath test, the suspension still stands even if you win in court on the DUII charge. Finally, refusing to take a breath test is an unclassified violation (which carries the same fine as a Class A violation), and again, the fines are independent of the criminal charge of DUII.
If you have a specific question about Oregon Law, post a question here and I'll do my best to give you a non-binding, personal answer.
***ADMIN NOTE: This thread may be edited by the author to incorporate contributions by other members. Administrators then may delete those posts to keep the thread orderly. ***
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