153.045
Citation; requirements.
(1) Except as provided in subsection (5) of this section, a citation conforming
to the requirements of this section must be used by enforcement officers for
all violations. The citation may contain other language in addition to the
language specified in this section.
(2) Uniform
citation forms for violations shall be adopted by the Supreme Court under ORS
1.525. In adopting those forms, the Supreme Court may combine the requirements
for violation citations under this section and the requirements for criminal
citations under ORS 133.066. More than one violation may be charged on a single
citation form, but a crime and a violation may not be charged on the same
citation form.
(3) A violation
citation shall consist of at least four parts. Additional parts may be inserted
for administrative use. The required parts are:
(a) A complaint
in the form prescribed by ORS 153.048.
(b) The abstract
of court record.
(c) The police
record.
(d) A summons in
the form prescribed by ORS 153.051.
(4) Each of the
parts shall contain the information or blanks required by rules of the Supreme
Court under ORS 1.525.
(5) The complaint
shall contain a form of certificate in which the enforcement officer must
certify, under the penalties provided in ORS 153.990, that the enforcement
officer has sufficient grounds to believe, and does believe, that the person
named in the complaint committed the violation specified in the complaint. A
certificate conforming to this subsection shall be deemed equivalent of a sworn
complaint. [1999 c.1051 §13; 2005 c.566 §2]
Notes of Decisions
Cited in
6
cases, 2001–2020 · leading case:
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
· cites it 2× “We turn next to defendant’s second assignment of error in which he argues that the citation should have been dismissed pursuant to ORS 153.045(5), which requires that an officer certify that the “officer has reasonable grounds to believe, and does believe, that the person named…”
Hood River Cnty. v. Stevenson, 33 P.3d 325 (Or. Ct. App. 2001).
“” ORS 153.045(5). Finally, ORS 153.058 creates a limited exception that allows persons other than enforcement officers to commence violation proceedings: “(1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that…”
State v. Clapper, 173 P.3d 1235 (Or. Ct. App. 2007).
““(c) A certificate under ORS 153.045(5) signed by the enforcement officer.”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
““(b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.”
State v. Walker, 466 P.3d 689 (Or. Ct. App. 2020).
· cites it 13× “There, defendant moved to dismiss, arguing that the citation was invalid under ORS 153.045 and ORS 153.051 for failing to include the name of the citing officer.”
State v. Savage, 203 P.3d 295 (Or. Ct. App. 2009).
“Among other things, another provision requires that the complaint include a certification by the enforcement officer issuing the complaint “that the enforcement officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the…”
— Or. Rev. Stat. § 153.045(3)(d) — 1 case
State v. Walker, 466 P.3d 689 (Or. Ct. App. 2020).
“There, defendant moved to dismiss, arguing that the citation was invalid under ORS 153.045 and ORS 153.051 for failing to include the name of the citing officer.”
— Or. Rev. Stat. § 153.045(5) — 6 cases
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
“We turn next to defendant’s second assignment of error in which he argues that the citation should have been dismissed pursuant to ORS 153.045(5), which requires that an officer certify that the “officer has reasonable grounds to believe, and does believe, that the person named…”
Hood River Cnty. v. Stevenson, 33 P.3d 325 (Or. Ct. App. 2001).
“” ORS 153.045(5). Finally, ORS 153.058 creates a limited exception that allows persons other than enforcement officers to commence violation proceedings: “(1) A person other than an enforcement officer may commence a violation proceeding by filing a complaint with a court that…”
State v. Clapper, 173 P.3d 1235 (Or. Ct. App. 2007).
““(c) A certificate under ORS 153.045(5) signed by the enforcement officer.”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
““(b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.”
State v. Walker, 466 P.3d 689 (Or. Ct. App. 2020).
“There, defendant moved to dismiss, arguing that the citation was invalid under ORS 153.045 and ORS 153.051 for failing to include the name of the citing officer.”
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.