2015 ORS § 153.048¹

Complaint
  • requirements

(1) The complaint in a violation citation must contain at least the following:

(a) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.

(b) A statement or designation of the violation that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the violation is alleged to have been committed.

(c) A certificate under ORS 153.045 (Citation) (5) signed by the enforcement officer.

(2) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before the entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.

(3) A court may amend a complaint in its discretion. [1999 c.1051 §14]

Notes of Decisions

Court may not amend cita­tion to allege of­fense not de­scribed in en­force­­ment of­fi­cers certifica­tion of belief included in complaint. State v. Savage, 226 Or App 116, 203 P3d 295 (2009)


1 Legislative Counsel Committee, CHAPTER 153—Violations and Fines, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors153.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 153, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano153.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.