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Old Jul 4, 2012, 6:18 pm
  #61  
mulieri
 
Join Date: Jun 2005
Location: Houston
Programs: CO Platinum
Posts: 283
Since we have some many people with their panties in a wad here...

The charge in this case were reduced from a misdemeanor offense to a "violation" which is a lower class of offense. Most people would say that the reduction in charged offense is a good start.

As in the case for other minor offenses, violation do not have juries involved given the *minor* offense being charged.

In certain states, an appeal may require a trial de novo in a higher magistrate, wherein a trial by jury may be allowed. However, practically, these "violation" cases are likely to be settled in pre-trial settings. Prosecutors are not exactly giving these cases a lot of detail attention...


The applicable section of Oregon law concerning violations is here for your convenience.


VIOLATIONS

Note: Section 323, chapter 1051, Oregon Laws 1999, provides:

Sec. 323. (1) Sections 7 to 29 and 34 to 39 of this 1999 Act [153.030 to 153.121, 153.125 to 153.145 and 153.992] apply only to citations issued on or after the operative date of sections 1 to 325 of this 1999 Act [January 1, 2000]. Any proceeding for prosecution of an offense commenced by the issuance of a citation before the operative date of sections 1 to 325 of this 1999 Act shall continue to be governed by the law in effect immediately before the operative date of sections 1 to 325 of this 1999 Act.

(2) Sections 57, 60 and 61 of this 1999 Act [133.066, 133.068 and 133.069] and the amendments to ORS 133.065 and 133.070 by sections 58 and 62 of this 1999 Act apply only to citations issued on or after the operative date of sections 1 to 325 of this 1999 Act. Any proceeding for prosecution of an offense commenced by the issuance of a citation before the operative date of sections 1 to 325 of this 1999 Act shall continue to be governed by the law in effect immediately before the operative date of sections 1 to 325 of this 1999 Act.

(3) Any change to the fine or penalty imposed for an offense by reason of the provisions of this 1999 Act applies only to offenses that are committed on or after the operative date of sections 1 to 325 of this 1999 Act. Any offense committed before the operative date of sections 1 to 325 of this 1999 Act shall continue to be subject to the fine or penalty under the law in effect immediately before the operative date of sections 1 to 325 of this 1999 Act.

(4) Any references to infractions in computer records or other records of the Department of Transportation, or in the computer records or other records of other agencies that enforce laws designated as infractions, that may exist or be generated on or after the operative date of sections 1 to 325 of this 1999 Act shall be considered references to violations for the purposes of this 1999 Act. References to Class A traffic infractions shall be considered references to Class A violations under section 4 of this 1999 Act [153.012]. References to Class B traffic infractions shall be considered references to Class B violations under section 4 of this 1999 Act. References to Class C traffic infractions shall be considered references to Class C violations under section 4 of this 1999 Act. References to Class D traffic infractions shall be considered references to Class D violations under section 4 of this 1999 Act. [1999 c.1051 §323]

(Generally)

153.005 Definitions. As used in this chapter:

(1) "Enforcement officer" means:

(a) A member of the Oregon State Police.

(b) A sheriff or deputy sheriff.

(c) A city marshal or a member of the police of a city, municipal or quasi-municipal corporation.

(d) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state.

(e) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon.

(f) Any other person specifically authorized by law to issue citations for the commission of violations.

(2) "Violation" means an offense described ORS 153.008.

(3) "Violation proceeding" means a judicial proceeding initiated by issuance of a citation that charges a person with commission of a violation.

(4) "Traffic offense" has the meaning given that term in ORS 801.555. [1999 c.1051 §2]

153.008 Violations described. (1) Except as provided in subsection (2) of this section, an offense is a violation if any of the following apply:

(a) The offense is designated as a violation in the statute defining the offense.

(b) The statute prescribing the penalty for the offense provides that the offense is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The statute may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

(c) The offense is created by an ordinance of a county, city, district or other political subdivision of this state with authority to create offenses, and the ordinance provides that violation of the ordinance is punishable by a fine but does not provide that the offense is punishable by a term of imprisonment. The ordinance may provide for punishment in addition to a fine as long as the punishment does not include a term of imprisonment.

(d) The prosecuting attorney has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.566.

(e) The court has elected to treat the offense as a violation for purposes of a particular case in the manner provided by ORS 161.568.

(2) Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime. [1999 c.1051 §3]

153.012 Violation categories. Violations are classified for the purpose of sentencing into the following categories:

(1) Class A violations;

(2) Class B violations;

(3) Class C violations;

(4) Class D violations;

(5) Unclassified violations as described in ORS 153.015; and

(6) Specific fine violations as described in ORS 153.015. [1999 c.1051 §4]

153.015 Unclassified and specific fine violations. (1) An offense described in the Oregon Revised Statutes that is designated as a violation but does not specify the classification of the violation is an unclassified violation. An unclassified violation is a Class B violation.

(2) A specific fine violation is any offense described in the Oregon Revised Statutes that:

(a) Is not designated as a crime or as a class A, B, C or D violation;

(b) Is not punishable by a term of imprisonment as a penalty for committing the offense; and

(c) Is punishable by a specific fine as the penalty for committing the offense. [1999 c.1051 §5]

153.018 Schedule of penalties; distribution of proceeds. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

(2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

(a) $600 for a Class A violation.

(b) $300 for a Class B violation.

(c) $150 for a Class C violation.

(d) $75 for a Class D violation.

(e) The amount otherwise established by law for any specific fine violation.

(3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

(4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed. [1999 c.1051 §6]
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