811.109
Penalties for speed violations.
(1) Violation of a specific speed limit imposed under law or of a posted speed
limit is punishable as follows:
(a) One to 10
miles per hour in excess of the speed limit is a Class D traffic violation.
(b) 11 to 20
miles per hour in excess of the speed limit is a Class C traffic violation.
(c) 21 to 30
miles per hour in excess of the speed limit is a Class B traffic violation.
(d) Over 30 miles
per hour in excess of the speed limit is a Class A traffic violation.
(2)
Notwithstanding subsection (1) of this section, if the speed limit is 65 miles
per hour or greater and:
(a) The person is
exceeding the speed limit by 10 miles per hour or less, the offense is a Class
C traffic violation.
(b) The person is
exceeding the speed limit by more than 10 miles per hour but not more than 20
miles per hour, the offense is a Class B traffic violation.
(c) The person is
exceeding the speed limit by more than 20 miles per hour, the offense is a
Class A traffic violation.
(3) Violation of
the basic speed rule by exceeding a designated speed posted under ORS 810.180
is punishable as follows:
(a) One to 10
miles per hour in excess of the designated speed is a Class D traffic
violation.
(b) 11 to 20
miles per hour in excess of the designated speed is a Class C traffic
violation.
(c) 21 to 30
miles per hour in excess of the designated speed is a Class B traffic
violation.
(d) Over 30 miles
per hour in excess of the designated speed is a Class A traffic violation.
(4) In addition
to a fine imposed under subsection (1), (2) or (3) of this section, a court may
order a suspension of driving privileges for up to 30 days if a person exceeds
a speed limit or designated speed by more than 30 miles per hour and the person
has received at least one prior conviction under ORS 811.100 or 811.111 within
12 months of the date of the current offense.
(5)
Notwithstanding subsections (1) to (3) of this section, if a person drives 100
miles per hour or greater when the person commits a violation described in this
section, the person commits a specific fine traffic violation. The presumptive
fine for a violation under this subsection is $1,150, and upon conviction the
court shall order a suspension of driving privileges for not less than 30 days
nor more than 90 days.
(6) When a court
orders a suspension under subsection (4) or (5) of this section, the court
shall prepare and send to the Department of Transportation an order of
suspension of driving privileges of the person. Upon receipt of an order under
this subsection, the department shall take action as directed under ORS
809.280. [1995 c.383 §14; 2003 c.819 §17; 2005 c.491 §1; 2011 c.597 §§96,319]
811.110 [1983 c.338 §565; 1987 c.887 §11;
1991 c.185 §9; 1995 c.383 §15; 2001 c.176 §6; 2003 c.402 §36; repealed by 2003
c.819 §§19,20]
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2002–2021 · leading case:
State v. Dahl, 87 P.3d 650 (Or. 2004).
State v. Dahl, 87 P.3d 650 (Or. 2004).
“See ORS 811.109(l)(b) (2001) amended by Or Laws 2003, ch 819, § 17 (identifying different classes of violations); ORS 153.”
State v. King, 111 P.3d 1146 (Or. Ct. App. 2005).
“” Applying the above criteria, traveling 11 to 20 miles per hour in excess of a posted speed limit maximum constituted a Class C traffic violation under ORS 811.109 (2001), amended by Or Laws 2003, ch 819, § 17.”
State v. Dahl, 57 P.3d 965 (Or. Ct. App. 2002).
“See ORS 811.109. A violation is punishable only by a fine, not by incarceration.”
State v. Daly, 365 P.3d 1177 (Or. Ct. App. 2015).
“111(2); ORS 811.109(1)(b). In his first assignment of error, defendant, who was issued the ticket through photo radar, ORS 810.”
State v. Avera, 145 P.3d 288 (Or. Ct. App. 2006).
· cites it 2× “” ORS 811.109(2) provides, in part: “[I]f the [posted] speed limit is 65 miles per hour or greater and: “(a) The person is exceeding the speed limit by 10 miles per hour or less, the offense is a Class C traffic violation.”
State v. Bauer, 483 P.3d 51 (Or. Ct. App. 2021).
“ORS 811.109 (2)(b). He also argues that the rules of preservation do not apply because the error appeared for the first time in the judgment.”
State v. Patrick, 284 P.3d 547 (Or. Ct. App. 2012).
“At the relevant time, the base fine amount established by the State Court Administrator for defendant’s offense, a Class B violation, ORS 811.109(l)(c), was $242. ORS 153.142 provides, in part, that “[blase fine amounts established under ORS 153.”
— Or. Rev. Stat. § 811.109(1)(b) — 1 case
State v. Daly, 365 P.3d 1177 (Or. Ct. App. 2015).
“111(2); ORS 811.109(1)(b). In his first assignment of error, defendant, who was issued the ticket through photo radar, ORS 810.”
— Or. Rev. Stat. § 811.109(2) — 1 case
State v. Avera, 145 P.3d 288 (Or. Ct. App. 2006).
“” ORS 811.109(2) provides, in part: “[I]f the [posted] speed limit is 65 miles per hour or greater and: “(a) The person is exceeding the speed limit by 10 miles per hour or less, the offense is a Class C traffic violation.”
— Or. Rev. Stat. § 811.109(2)(b) — 1 case
State v. Avera, 145 P.3d 288 (Or. Ct. App. 2006).
“” ORS 811.109(2) provides, in part: “[I]f the [posted] speed limit is 65 miles per hour or greater and: “(a) The person is exceeding the speed limit by 10 miles per hour or less, the offense is a Class C traffic violation.”
— Or. Rev. Stat. § 811.109(l)(b) — 1 case
State v. Dahl, 87 P.3d 650 (Or. 2004).
“See ORS 811.109(l)(b) (2001) amended by Or Laws 2003, ch 819, § 17 (identifying different classes of violations); ORS 153.”
— Or. Rev. Stat. § 811.109(l)(c) — 1 case
State v. Patrick, 284 P.3d 547 (Or. Ct. App. 2012).
“At the relevant time, the base fine amount established by the State Court Administrator for defendant’s offense, a Class B violation, ORS 811.109(l)(c), was $242. ORS 153.142 provides, in part, that “[blase fine amounts established under ORS 153.”
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