ORS 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 (Careless driving) 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)

Intentionally left blank —Ed.

(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 (Central Violations Bureau) or a Violations Bureau established by the court under ORS 153.800 (Violations Bureau established by court) 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 (Central Violations Bureau) or a Violations Bureau established by the court under ORS 153.800 (Violations Bureau established by court).

(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 (Presumptive fines) and 153.020 (Presumptive fines) 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 (“Traffic violation.”), fails to make a first appearance on a citation for a violation of ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21), 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 (Failure to appear). [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]

Source: Section 153.061 — Appearance by defendant, https://www.­oregonlegislature.­gov/bills_laws/ors/ors153.­html.

153.005
Definitions
153.008
Violations described
153.012
Violation categories
153.015
Unclassified and specific fine violations
153.018
Maximum fines
153.019
Presumptive fines
153.020
Presumptive fines
153.021
Minimum fines
153.022
Authority of agency to specify rule violation as particular level of violation
153.025
Authority of political subdivision to specify ordinance violation as particular level of violation
153.030
Applicability
153.033
Rules of procedure
153.036
Venue
153.039
Stop and detention for violation
153.042
Citations generally
153.043
Citations for Class E violations
153.045
Citation
153.048
Complaint
153.051
Summons
153.054
Service and filing
153.058
Initiation of violation proceeding by private party
153.061
Appearance by defendant
153.062
Class E violation proceedings
153.064
Warrant for arrest upon failure to appear
153.070
When trial required
153.073
Time and place
153.076
Conduct of trial
153.080
Testimony by affidavit or declaration
153.083
Role of peace officer
153.090
Provisions of judgment
153.096
Suspension of fine in certain cases
153.099
Entry
153.102
Entry
153.105
Relief from default judgment
153.108
Effect of judgment
153.111
Distribution of abstracts of convictions
153.121
Appeal
153.530
Designation of speed in complaint and summons charging violation of basic speed rule or speed limit
153.535
Delivery of summons for certain traffic offenses
153.624
Costs for obtaining driving records
153.633
Distribution to state
153.640
Disposition of fines for traffic offenses
153.645
Disposition of fines for traffic offenses
153.650
Disposition of fines for traffic offenses
153.655
Disposition of fines for mass transit district ordinance violations
153.657
Disposition of fines for violations of homeschooled student requirements
153.660
Use of amounts paid to county treasurer
153.675
Disposition of amounts payable to state and local governments
153.680
Costs
153.770
Electronic filing of citation for offenses subject to written uniform citation
153.772
Suspension of driving privileges for failure to appear
153.800
Violations Bureau established by court
153.806
Central Violations Bureau
153.820
Special procedures for parking violations in Multnomah County
153.990
Penalty for false certification
153.992
Penalty for failure to appear
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