ORS 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 (Purchase or possession of alcoholic beverages by person under 21) or 475C.317 (Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item). 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 (Purchase or possession of alcoholic beverages by person under 21) or 475C.317 (Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item), 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 (Purchase or possession of alcoholic beverages by person under 21) or 475C.317 (Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item). If a court issues notice under this paragraph, the department shall suspend the driving privileges of the person as provided under ORS 809.280 (Department procedures following court order of suspension or revocation).

(b)

Shall issue notice to the department to implement procedures under ORS 809.416 (When person subject to suspension under ORS 809.415) 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 (When person subject to suspension under ORS 809.415).

(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 (Purchase or possession of alcoholic beverages by person under 21) or 475C.317 (Prohibition against person under 21 years of age possessing, attempting to purchase or purchasing marijuana item) 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]

Source: Section 809.220 — Failure to appear; suspension or other procedures, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

809.090
Cancellation of registration or title for failure to qualify
809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements
809.100
Hearing on proposed cancellation or refusal
809.110
Failure to surrender canceled registration or title
809.120
Court-ordered suspension of registration or driving privileges for weight violation
809.130
Suspension or revocation of driving privileges for unsettled judgment
809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name
809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges
809.220
Failure to appear
809.230
Court suspension or revocation of nonresident driving privileges
809.235
Permanent revocation of driving privileges upon conviction of certain crimes
809.240
Court-ordered suspension or revocation
809.260
Court-ordered suspension of driving privileges of juvenile
809.267
Additional fee upon notice of suspension or restriction
809.270
Driver improvement course
809.275
Court to take possession of license or permit
809.280
Department procedures following court order of suspension or revocation
809.310
Cancellation or suspension of driving privileges
809.312
Reissuance of privileges after suspension for submitting false information
809.320
Cancellation on written request of parent or legal guardian
809.360
General provisions relating to suspension or revocation of driving privileges
809.380
Period of suspension
809.390
Period of revocation
809.400
Suspension or revocation for out-of-state conviction
809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement
809.409
Revocation for conviction of crime
809.411
Suspension for conviction of crime
809.412
Authority of juvenile court for suspension or revocation
809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty
809.416
When person subject to suspension under ORS 809.415
809.417
Suspension for conduct regarding accidents
809.419
Suspensions for physical or mental condition or impairment
809.421
Suspensions for miscellaneous driving-related actions
809.428
Schedule of suspension or revocation periods for certain offenses
809.430
Notice of suspension, cancellation or revocation
809.440
Hearing and administrative review procedures
809.450
Hearing for rescission of suspension for financial and future responsibility violations
809.460
Rescission of suspension or revocation upon appeal of underlying conviction
809.470
When judgment considered settled for purposes of suspension requirements
809.480
Driver improvement programs
809.490
Suspension or revocation of driving privileges of nonresident driver
809.500
Failure to return suspended, revoked or canceled license
809.510
Conviction of crime
809.515
Failure to appear, pay fine or obey court order in another jurisdiction
809.520
Lifetime suspension of commercial driving privileges
809.525
Serious traffic offenses
809.530
Violation of out-of-service order
809.535
Suspension of commercial driver license for specified rail crossing violations
809.540
Right to apply
809.545
Administrative review
809.550
Application of ORS 809.510 to 809.545
809.600
Kinds of offenses and number of convictions
809.605
Determination of which offenses count
809.610
Restriction of driving privileges
809.640
Procedures on habitual offender determination
809.698
Definition of “vehicle immobilization device.”
809.700
Court-ordered impoundment or immobilization upon conviction
809.702
Tampering with vehicle immobilization device
809.710
Authority to refuse to release vehicle to intoxicated person
809.716
Hearing on impoundment
809.720
Impoundment for specified offenses
809.725
Notice following impoundment under city or county ordinance
809.730
Seizure of motor vehicle for civil forfeiture
809.735
Preemption of local forfeiture ordinances
809.740
Seizure of motor vehicle for forfeiture
809.745
Adoption of policies and procedures prior to forfeiture
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