810.420 Use of
speed measuring device; citation; training. (1) When the speed of a vehicle has been checked by a
speed measuring device, the driver of the vehicle may be stopped, detained and
issued a citation by a police officer if the officer is in uniform and has
either:
(a) Observed the
recording of the speed of the vehicle by the device; or
(b) Probable
cause to detain based upon a description of the vehicle or other information
received from the officer who has observed the speed of the vehicle recorded.
(2) A police
officer may not issue a citation based on a speed measuring device unless the
officer has taken and passed a training course, approved by the law enforcement
agency that employs the officer, in the use of the speed measuring device. [1983
c.338 §401; 2001 c.444 §1]
Notes of Decisions
Cited in
4
cases (
3 in the last 5 years), 2010–2023 · leading case:
State v. Jackson, 507 P.3d 727 (Or. Ct. App. 2022).
State v. Jackson, 507 P.3d 727 (Or. Ct. App. 2022).
· cites it 17× “As we have explained with regard to a closely related statute, the con- ditions set out in ORS 810.420 are “conditions precedent for the issuance of a citation” using speed measurement devices as a means of detecting violations of ORS 811.”
State v. Kurtz, 228 P.3d 583 (Or. Ct. App. 2010).
“410 (arrest and citation authority); ORS 810.420 (use of speed measuring device by a police officer); ORS 810.”
State v. Coy, 537 P.3d 178 (Or. Ct. App. 2023).
“Jackson, 318 Or App 370, 373 , 507 P3d 727 (2022) (explaining that the conditions set out in ORS 810.420 are conditions precedent for the issuance of a citation using a speed measurement device, and thus, the proper time to challenge the existence of those conditions is before…”
State v. Coy (Or. Ct. App. 2023).
“Jackson, 318 Or App 370, 373 , 507 P3d 727 (2022) (explaining that the conditions set out in ORS 810.420 are conditions precedent for the issuance of a citation using a speed measurement device, and thus, the proper time to challenge the existence of those conditions is before…”
Or. Rev. Stat. § 810.420(2): 1 case
State v. Jackson, 507 P.3d 727 (Or. Ct. App. 2022).
“As we have explained with regard to a closely related statute, the con- ditions set out in ORS 810.420 are “conditions precedent for the issuance of a citation” using speed measurement devices as a means of detecting violations of ORS 811.”
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