2015 ORS § 811.235¹

Fine for traffic offenses in school zones

(1)(a) If signs authorized by ORS 810.245 (Signs giving notice of consequences of traffic offenses committed in school zones) are posted, the presumptive fine for a person charged with an offense that is listed in subsection (2)(a) or (b) of this section and that is committed in a school zone shall be the amount established under ORS 153.020 (Presumptive fines) for the offense.

(b) If signs authorized by ORS 810.245 (Signs giving notice of consequences of traffic offenses committed in school zones) are posted, the minimum fine for a person convicted of a misdemeanor offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is 20 percent of the maximum fine established for the offense.

(c) If signs authorized by ORS 810.245 (Signs giving notice of consequences of traffic offenses committed in school zones) are posted, the minimum fine for a person convicted of a felony offense that is listed in subsection (2)(c) to (g) of this section and that is committed in a school zone is two percent of the maximum fine established for the offense.

(2) This section applies to the following offenses if committed in a school zone:

(a) Class A or Class B traffic violations.

(b) Class C or Class D traffic violations related to exceeding a legal speed.

(c) Reckless driving, as defined in ORS 811.140 (Reckless driving).

(d) Driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants).

(e) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 (Failure to perform duties of driver when property is damaged) or 811.705 (Failure to perform duties of driver to injured persons).

(f) Criminal driving while suspended or revoked, as defined in ORS 811.182 (Criminal driving while suspended or revoked).

(g) Fleeing or attempting to elude a police officer, as defined in ORS 811.540 (Fleeing or attempting to elude police officer).

(3) For purposes of this section, a traffic offense occurs in a school zone if the offense occurs while the motor vehicle is in a school zone, notice of the school zone is indicated plainly by traffic control devices conforming to the requirements established under ORS 810.200 (Uniform standards for traffic control devices) and posted under authority granted by ORS 810.210 (Placement and control of traffic control devices) and:

(a) Children are present as described in ORS 811.124 (Meaning of children are present in ORS 811.111); or

(b) A flashing light is used as a traffic control device and operated as provided under ORS 810.243 (Operation of flashing light indicating children in school zone). [1997 c.682 §3; 1999 c.1051 §293; 2003 c.397 §9; 2011 c.597 §115; 2015 c.139 §3]

Chapter 811

See also annota­tions under ORS chapter 483 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

A party in viola­tion of a motor vehicle statute is neg­li­gent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent per­son under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Cita­tions

Under Former Similar Statute

10 WLJ 207 (1974)


1 Legislative Counsel Committee, CHAPTER 811—Rules of the Road for Drivers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors811.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­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.