Oregon Statutes 153.083 – Who may present evidence
(1) Notwithstanding ORS § 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the peace officer who issued the citation for the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:
Terms Used In Oregon Statutes 153.083
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Violation: means an offense described in ORS § 153. See Oregon Statutes 153.005
(a) The application of statutes and rules to the facts in the case;
(b) The literal meaning of the statutes or rules at issue in the case;
(c) The admissibility of evidence; and
(d) Proper procedures to be used in the trial.
(2) Notwithstanding ORS § 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the duly authorized traffic enforcement agent who issued the citation for the offense may present the evidence reviewed by the agent as the basis for issuing a citation under ORS § 810.436, 810.437 or 810.444.
(3) Notwithstanding ORS § 9.160 and 9.320, in any trial of a violation, whether created by ordinance or statute, in which a city attorney or district attorney does not appear, the weighmaster or motor carrier enforcement officer who issued the citation for the offense may present the evidence reviewed by the weighmaster or motor carrier enforcement officer as the basis for issuing a citation listed under ORS § 810.530.
(4)(a) As used in this section, ‘duly authorized traffic enforcement agent’ means an individual who:
(A) Is employed, appointed and duly sworn in by the governing body of the incorporated city in which the agent performs the agent’s duties; and
(B) Has completed all necessary technical, administrative and other training to review photographs and issue citations under ORS § 810.436, 810.437 or 810.444.
(b) Duly authorized traffic enforcement agents are not police officers as defined in ORS § 801.395. [1999 c.805 § 1; 1999 c.805 § 2; 2003 c.305 § 1; 2022 c.64 § 4; 2023 c.400 § 15]
153.083 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 153 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Judgment)