153.061
Appearance by defendant.
(1) Except as provided in subsection (2) of this section, a defendant who has
been issued a violation citation must either:
(a) Make a first
appearance by personally appearing in court at the time indicated in the
summons; or
(b) Make a first
appearance in the manner provided in subsection (3) of this section before the
time indicated in the summons.
(2) If a
defendant is issued a violation citation for careless driving under ORS 811.135
on which a police officer noted that the offense contributed to an accident and
that the cited offense appears to have contributed to the serious physical
injury or death of a vulnerable user of a public way, the officer may not enter
the amount of the presumptive fine on the summons and the defendant must make a
first appearance by personally appearing in court at the time indicated in the
summons.
(3)(a) Except as
provided in this section, a defendant who has been issued a violation citation
may make a first appearance in the matter before the time indicated in the
summons by one of the following means:
(A) The defendant
may submit to the court a written or oral request for a trial.
(B) The defendant
may enter a plea of no contest by:
(i) Delivering to
the court, a Central Violations Bureau established under ORS 153.806 or a
Violations Bureau established by the court under ORS 153.800 the summons and a
check or money order in the amount of the presumptive fine set forth in the
summons; or
(ii) Appearing by
electronic or telephonic means and entering the plea with a Central Violations
Bureau established under ORS 153.806 or a Violations Bureau established by the
court under ORS 153.800.
(b) The entry of
a plea under paragraph (a)(B) of this subsection constitutes a waiver of trial
and consent to the entry of a judgment forfeiting the presumptive fine.
(c) A no contest
plea under this subsection is not subject to the requirements of ORS chapter
135 relating to the entry of pleas and, upon receipt of the plea, the court may
enter judgment against the defendant without taking further evidence.
(4) The court may
require that a defendant requesting a trial under subsection (3) of this
section deposit an amount equal to the presumptive fine established under ORS
153.019 and 153.020 or such other amount as the court determines appropriate if
the defendant has failed to appear in any court on one or more other charges in
the past. If the defendant does not deposit the amount specified by the court,
the defendant must personally appear in court at the time indicated in the
summons. The amount deposited by the defendant may be applied against any fine
imposed by the court, and any amount not so applied shall be refunded to the
defendant at the conclusion of the proceedings.
(5) The court may
require a defendant to appear personally in any case, or may require that all
defendants appear in specified categories of cases.
(6) If a
defendant has entered a no contest plea in the manner provided in subsection
(3) of this section, and the court determines that the presumptive fine is not
adequate by reason of previous convictions of the defendant, the nature of the
offense charged or other circumstances, the court may require that a trial be
held unless an additional fine amount is paid by the defendant before a
specified date. Notice of an additional fine amount under this subsection may
be given to the defendant by mail. In no event may the court require a total
fine amount in excess of the maximum fine established for the violation by
statute.
(7) If a
defendant fails to make a first appearance on a citation for a traffic
violation, as defined by ORS 801.557, fails to make a first appearance on a
citation for a violation of ORS 471.430, or fails to appear at any other
subsequent time set for trial or other appearance, the driving privileges of
the defendant are subject to suspension under ORS 809.220. [1999 c.1051 §17;
2001 c.817 §2; 2007 c.784 §5; 2011 c.597 §§25,313; 2012 c.89 §4; 2019 c.60 §4;
2021 c.411 §4]
153.062 [2021 c.2 §22; 2021 c.591 §20;
2023 c.248 §14; repealed by 2024 c.70 §72]
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 2002–2024 · leading case:
United States v. Snyder, 643 F.3d 694 (9th Cir. 2011).
United States v. Snyder, 643 F.3d 694 (9th Cir. 2011).
· cites it 2× “A plea of "no contest" is different than a plea of guilty under Oregon law in that "[e]vidence that a person has entered a plea of no contest in the manner described in ORS 153.061(3)(b) to a charge of a traffic offense shall not be admitted as evidence in the trial of a…”
State v. Meyer, 53 P.3d 940 (Or. Ct. App. 2002).
“ORS 153.061(2). In that proceeding, after the presentation of the state’s evidence, defendant moved to dismiss the case on the ground that the Oregon State Police officer who issued the citation neither stopped nor cited him until after he and the officer had crossed the…”
State v. Kenny, 327 P.3d 548 (Or. Ct. App. 2014).
“992(1) (“A person commits the offense of failure to appear in a violation proceeding if the person has been served with a violation citation issued under this chapter and the person knowingly fails to do any of the following: (a) Make a first appearance in the manner required by…”
City of Eugene v. Morrison, 333 Or. App. 730 (Or. Ct. App. 2024).
· cites it 2× “102 provides: “(1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the…”
State v. Roberts, 296 P.3d 603 (Or. Ct. App. 2013).
· cites it 2× “Defendant notes that, under ORS 153.061(3)(b), a defendant may enter a plea of no contest to a violation by “delivering to the court the summons, a check or money order in the amount of the base fine set forth in the summons, and a statement of matters in explanation or…”
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
“ORS 153.061(1). On March 12, 2004, trial was scheduled for December 28, 2004.”
City of Eugene v. Morrison (Or. Ct. App. 2024).
· cites it 2× “102 provides: “(1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the…”
City of Eugene v. Morrison (Or. Ct. App. 2024).
· cites it 2× “102 provides: “(1) If the defendant in a violation proceeding does not make a first appearance in the manner required by ORS 153.061 within the time allowed, and a trial is not otherwise required by the court or by law, the court may enter a default judgment based on the…”
— Or. Rev. Stat. § 153.061(1) — 1 case
State v. Greenlick, 152 P.3d 971 (Or. Ct. App. 2007).
“ORS 153.061(1). On March 12, 2004, trial was scheduled for December 28, 2004.”
— Or. Rev. Stat. § 153.061(2) — 1 case
State v. Meyer, 53 P.3d 940 (Or. Ct. App. 2002).
“ORS 153.061(2). In that proceeding, after the presentation of the state’s evidence, defendant moved to dismiss the case on the ground that the Oregon State Police officer who issued the citation neither stopped nor cited him until after he and the officer had crossed the…”
— Or. Rev. Stat. § 153.061(3)(b) — 2 cases
United States v. Snyder, 643 F.3d 694 (9th Cir. 2011).
“A plea of "no contest" is different than a plea of guilty under Oregon law in that "[e]vidence that a person has entered a plea of no contest in the manner described in ORS 153.061(3)(b) to a charge of a traffic offense shall not be admitted as evidence in the trial of a…”
State v. Roberts, 296 P.3d 603 (Or. Ct. App. 2013).
“Defendant notes that, under ORS 153.061(3)(b), a defendant may enter a plea of no contest to a violation by “delivering to the court the summons, a check or money order in the amount of the base fine set forth in the summons, and a statement of matters in explanation or…”
— Or. Rev. Stat. § 153.061(7) — 1 case
State v. Roberts, 296 P.3d 603 (Or. Ct. App. 2013).
“Defendant notes that, under ORS 153.061(3)(b), a defendant may enter a plea of no contest to a violation by “delivering to the court the summons, a check or money order in the amount of the base fine set forth in the summons, and a statement of matters in explanation or…”
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