153.048
Complaint; requirements.
(1) The complaint in a violation citation must contain at least the following:
(a) The name of
the court, the name of the state or of the city or other public body in whose
name the action is brought and the name of the defendant.
(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.
(c) A certificate
under ORS 153.045 (5) signed by the enforcement officer.
(2) If the
complaint does not conform to the requirements of this section, the court shall
set the complaint aside upon motion of the defendant made before the entry of a
plea. A pretrial ruling on a motion to set aside may be appealed by the state.
(3) A court may
amend a complaint in its discretion. [1999 c.1051 §14]
Notes of Decisions
Hood River Cnty. v. Stevenson, 33 P.3d 325 (Or. Ct. App. 2001).
“The filing of the complaint is subject to ORS 153.048. The complaint shall be entered by the court in the court record.”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
· cites it 2× “069; 3 ORS 153.048. 4 *666 Defendant responds that, despite the fact that the language of ORS 135.”
State v. Clapper, 173 P.3d 1235 (Or. Ct. App. 2007).
“” The sufficiency of a complaint is governed by ORS 153.048, which provides: “(1) The complaint in a violation citation must contain at least the following: *425 “(a) The name of the court, the name of the state or of the city or other public body in whose name the action is…”
State v. Weber, 19 P.3d 378 (Or. Ct. App. 2001).
“ORS 153.048(2) provides for a “motion to set aside” a traffic citation when the citation does not conform to certain requirements of form and context.”
State v. Robison, 227 P.3d 169 (Or. Ct. App. 2009).
“510(1) (providing that an indictment shall be set aside on the defendant’s motion under specific circumstances); ORS 153.048(2) (providing that a complaint in a violation citation shall be set aside, on the defendant’s motion, for failure to comply with specified statutory…”
State v. Walker, 466 P.3d 689 (Or. Ct. App. 2020).
· cites it 6× “” Although defendant had not argued about ORS 153.048, the court further observed that “[t]he complaint also appears to fulfill the requirements of ORS 153.”
State v. Savage, 203 P.3d 295 (Or. Ct. App. 2009).
· cites it 2× “As noted, the state concedes that the trial court erred in amending the citation after the trial.”
Or. Rev. Stat. § 153.048(1): 1 case
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
“069; 3 ORS 153.048. 4 *666 Defendant responds that, despite the fact that the language of ORS 135.”
Or. Rev. Stat. § 153.048(2): 3 cases
State v. Weber, 19 P.3d 378 (Or. Ct. App. 2001).
“ORS 153.048(2) provides for a “motion to set aside” a traffic citation when the citation does not conform to certain requirements of form and context.”
State v. Robison, 227 P.3d 169 (Or. Ct. App. 2009).
“510(1) (providing that an indictment shall be set aside on the defendant’s motion under specific circumstances); ORS 153.048(2) (providing that a complaint in a violation citation shall be set aside, on the defendant’s motion, for failure to comply with specified statutory…”
State v. Walker, 466 P.3d 689 (Or. Ct. App. 2020).
“” Although defendant had not argued about ORS 153.048, the court further observed that “[t]he complaint also appears to fulfill the requirements of ORS 153.”
Or. Rev. Stat. § 153.048(3): 1 case
State v. Savage, 203 P.3d 295 (Or. Ct. App. 2009).
“As noted, the state concedes that the trial court erred in amending the citation after the trial.”
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