153.042
Citations generally; issuance.
(1) Except as provided in ORS 810.410 for issuance of a citation based on a
traffic violation, as that term is defined in ORS 801.557, or as otherwise
specifically provided by law, an enforcement officer may issue a violation
citation only if the conduct alleged to constitute a violation takes place in
the presence of the enforcement officer and the enforcement officer has
reasonable grounds to believe that the conduct constitutes a violation.
(2) If the person
receiving the citation is a firm, corporation or other organization, the
citation may be issued to an employee, agent or representative of the firm,
corporation or organization. [1999 c.1051 §9]
153.043 [2021 c.591 §19; 2023 c.248 §13;
repealed by 2024 c.70 §72]
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 2005–2021 · leading case:
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
· cites it 29× “He further argues that the officer in this case, who testified that he was acting under the authority of ORS 153.042, lacked actual authority to cite him because he did not personally observe the conduct related to the citation.”
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
“439 could be raised? In general, ORS 153.042 to 153.064 establish requirements and procedures for the issuance of accusatory instruments for traffic violations.”
— Or. Rev. Stat. § 153.042(1) — 1 case
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
“He further argues that the officer in this case, who testified that he was acting under the authority of ORS 153.042, lacked actual authority to cite him because he did not personally observe the conduct related to the citation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.