Oregon Revised Statutes

Or. Rev. Stat. § 135.295 (2026)

Application of ORS 135.230 to 135.290 to certain traffic offenses

✓ current as of May 2026
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      135.295 Application of ORS 135.230 to 135.290 to certain traffic offenses. Provision for release contained in ORS 135.230 to 135.290 shall not apply to any traffic offenses as defined for the Oregon Vehicle Code except the following:

      (1) Reckless driving under ORS 811.140.

      (2) Driving while under the influence of intoxicants under ORS 813.010.

      (3) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

      (4) Criminal driving while suspended or revoked under ORS 811.182.

      (5) Fleeing or attempting to elude a police officer under ORS 811.540. [1974 c.35 §1; 1981 c.818 §3; 1983 c.338 §888; 1987 c.730 §5; 1991 c.208 §3]

 

      Note: Sections 1 and 2, chapter 61, Oregon Laws 2025, provide:

      Sec. 1. Pretrial release study. (1) The Oregon Criminal Justice Commission shall study pretrial release practices and outcomes in Oregon.

      (2) When performing the study described in subsection (1) of this section, the commission shall examine the following:

      (a) Aggregate data related to the pretrial phase of criminal proceedings;

      (b) Data regarding failures to appear for court hearings;

      (c) Demographic data of the pretrial release populations; and

      (d) Other data the commission deems relevant to pretrial proceedings, processes, practices and outcomes.

      (3) The commission shall submit a report detailing the results of the study to the interim committees of the Legislative Assembly related to the judiciary in the manner provided under ORS 192.245 no later than May 1, 2027. The report shall contain data aggregated at both the statewide and countywide level for each subject described in subsection (2) of this section.

      (4) The Judicial Department shall assist the commission in the performance of the study and, to the extent permitted by laws related to confidentiality, shall provide to the commission any information the commission considers necessary to perform the study.

      (5) Data reported pursuant to this section may only be used for statistical purposes and not for any other purpose, and the data reports may not contain information that reveals the identity of any individual. Data collected by government agencies or held by the commission pursuant to this section that may reveal the identity of any individual is exempt from public disclosure in any manner. [2025 c.61 §1]

      Sec. 2. Section 1 of this 2025 Act is repealed on January 2, 2028. [2025 c.61 §2]

 

PLEADINGS

 

(Defendant’s Answer Generally)

Notes of Decisions
Cited in 3 cases, 1979–1981 · leading case: Application of Haynes, 619 P.2d 632 (Or. 1980).
Application of Haynes, 619 P.2d 632 (Or. 1980). · cites it 2× “230 to ORS 135.295 and ORS 135.750, within the limits imposed by article I, section 14 of the constitution.”
Easton v. Hurita, 625 P.2d 1290 (Or. 1981). · cites it 2× “' (Emphasis added) "These statutory provisions do not apply to traffic offenses by reason of ORS 135.295, but it would be anomalous to impose more stringent requirements for bail upon persons accused of traffic offenses than upon persons accused of serious crimes.”
Mattila v. Mason, 598 P.2d 675 (Or. 1979). “A person in custody, otherwise having a right to release, shall be released upon his personal recognizance unless release criteria show to the satisfaction of the magistrate that such a release is unwarranted.”
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