ORS § 153.535

Current through 2024 Regular Session legislation effective March 27, 2024
Section 153.535 - Delivery of summons for certain traffic offenses
(1) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant's last-known address if:
(a) The summons is for an alleged violation of ORS 803.315, 811.520, 811.530, 815.025, 815.080 to 815.090, 815.115, 815.130, 815.185, 815.210 to 815.255, 815.275, 815.285, 816.030 to 816.300, 816.330, 816.350, 816.360 or 820.360 to 820.380;
(b) The enforcement officer gave a warning for violation of the statute to the defendant based on the officer's observation at the time the violation occurred; and
(c) After the issuance of the warning, the enforcement officer determines that the defendant received two or more warnings within the year immediately preceding the issuance of the warning for violations of the statutes specified in paragraph (a) of this subsection.
(2) Notwithstanding ORS 133.065 and 153.054, a summons may be delivered to a defendant personally or by mail addressed to the defendant's last-known address if:
(a) The summons is for an alleged violation of ORS 807.010, 811.175 or 811.182;
(b) The enforcement officer gave a warning for a traffic violation to the defendant; and
(c) After the issuance of the warning, the enforcement officer determines that the defendant had no valid operator license at the time of the warning.
(3) Proof of mailing summons under this section is sufficient proof of delivery of summons for purposes of ORS 133.065 and 153.054.

ORS 153.535

Formerly 484.180; 1983 c.338 §890; 1985 c.597 §24; 1987 c.730 §7; 1989 c.782 §36; 1999 c.1051 §80; 2001 c.335 §6