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Oregon Revised Statutes

Or. Rev. Stat. § 809.220 (2026)

Failure to appear; suspension or other procedures

✓ current as of May 2026
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      809.220 Failure to appear; suspension or other procedures. This section establishes procedures that are applicable if a person fails to appear on a citation for a traffic offense or fails to appear on a citation for a violation of ORS 471.430 or 475C.317. All of the following apply to this section:

      (1) If a defendant fails to make any appearance required by the court or by law in a proceeding charging the defendant with a traffic offense or with a violation of ORS 471.430 or 475C.317, the court:

      (a) Shall issue notice to the Department of Transportation to suspend for failure to appear if the defendant is charged with a traffic crime or with a violation of ORS 471.430 or 475C.317. If a court issues notice under this paragraph, the department shall suspend the driving privileges of the person as provided under ORS 809.280.

      (b) Shall issue notice to the department to implement procedures under ORS 809.416 if the defendant is charged with a traffic violation. If a court issues notice under this paragraph, the department shall implement procedures under ORS 809.416.

      (2) In any notice to the department under this section, a court shall certify that the defendant failed to appear in the proceedings in the manner required by the court or by law.

      (3) At any time within 10 years from the date the traffic offense or violation of ORS 471.430 or 475C.317 occurred, a court shall give a second notice to the department to reinstate the person’s suspended driving privileges resulting from the original notice if any of the following occur:

      (a) The fine for the offense is paid or the defendant has begun making payments.

      (b) The court finds the defendant not guilty or orders a dismissal of the case.

      (c) The court determines that the person’s suspended driving privileges should be reinstated for good cause.

      (4) The court may reissue a notice of suspension if the person ceases making payments before the fine is paid in full. The reissuance does not extend the original period of suspension.

      (5) Notifications by a court to the department under this section shall be in a form prescribed by the department.

      (6) A court may not notify the department under this section for failure to appear on any parking, pedestrian or bicyclist offense. [1983 c.338 §393; 1985 c.16 §209; 1985 c.669 §15; 1989 c.161 §1; 1991 c.702 §6; 1995 c.142 §3; 1999 c.1051 §281; 2001 c.817 §1; 2001 c.823 §27; 2007 c.127 §3; 2011 c.355 §5; 2011 c.597 §113; 2013 c.432 §2; 2017 c.20 §8]

Notes of Decisions
Cited in 6 cases, 1986–2013 · leading case: State v. Calvert, 164 P.3d 1169 (Or. Ct. App. 2007).
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State v. Calvert, 164 P.3d 1169 (Or. Ct. App. 2007). “, ORS 809.220 (providing for suspension of driving privileges and other procedures for failing to appear on a citation for a traffic offense).”
State v. Warner, 153 P.3d 674 (Or. 2007). “615 (1997), repealed by Oregon Laws 1999, ch 1051, § 32, suspension of driving privileges, ORS 809.220, and required participation in driver education and other rehabilitative programs, ORS 809.”
State v. Kauk, 714 P.2d 635 (Or. Ct. App. 1986). “210); Or Laws 1983, ch 338, § 393, as amended by Or Laws 1985, ch 16 § 209; ch 669, § 15 (now ORS 809.220); Or Laws 1983, ch 338, § 394 (now ORS 809.”
State v. Cowie, 720 P.2d 1323 (Or. Ct. App. 1986). “See ORS 809.220(1)(a), (b); 809.280(5); 809.290(1); 809.”
State v. Worthington, 296 P.3d 624 (Or. Ct. App. 2013). “430, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220.” (Emphasis added.)). There is no evidence that defendant received notice at least five…”
State v. Albert, 720 P.2d 1326 (Or. Ct. App. 1986). “210); Or Laws 1983, ch 338, § 393, as amended by Or Laws 1985, ch 16 § 209; ch 669, § 15 (now ORS 809.220); Or Laws 1983, ch 338, § 394 (now ORS 809.”
— Or. Rev. Stat. § 809.220(1)(a) — 1 case
State v. Cowie, 720 P.2d 1323 (Or. Ct. App. 1986). “See ORS 809.220(1)(a), (b); 809.280(5); 809.290(1); 809.”
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