Understanding and complying with Oregon's traffic laws and regulations is critical for drivers. Adherence to these laws helps drivers avoid hefty fines and severe penalties, maintain a clean driving record, and protect the lives and assets of others.
The Oregon State Police (OSP) plays a vital role in enforcing these laws, issuing tickets for minor and major infractions. The Oregon Driver and Motor Vehicle Services (DMV), a division of the Department of Transportation (DOT), maintains driver records and enforces restrictions and suspensions on offending drivers.
Furthermore, the Municipal, Justice, and Circuit Courts handle the payment of fines, criminal traffic offenses, contest cases, and trials to ensure a comprehensive system for addressing traffic violations.
Traffic violations can lead to the loss of driving privileges, negatively impact personal records, and result in increased insurance premiums. Violations can stay on a driver's record for years, which affects their reputation and financial standing.
Motorists who follow traffic regulations contribute to a safer driving environment for everyone. Practicing caution, staying alert, and adhering to speed limits can significantly reduce the risk of accidents. Fostering a culture of responsible driving reduces the likelihood of traffic violations and their associated consequences and results in safer roads for all.
What Are the Major Traffic Violations in Oregon?
Traffic offenses in Oregon are classified into violations and crimes, with the Municipal and Circuit Courts overseeing these cases.
Violations are minor offenses that result only in fines and do not require a court appearance. On the other hand, traffic crimes are more serious and can lead to imprisonment. These crimes are further divided into misdemeanors and felonies.
Misdemeanors can lead to up to a year in jail and fines, and some may be treated as infractions. Infractions are the least severe offenses, leading only to fines and not requiring a court appearance. Felony traffic crimes, which typically involve severe injuries, death, or significant property damage, result in a minimum of one year in prison.
Driving on a Suspended License
Under Oregon Revised Statutes (ORS) Section 811.182, driving with a suspended license in Oregon incurs significant penalties. Generally, this offense is classified as a class A traffic violation and carries a fine of $600. The charge may become more serious due to factors such as multiple traffic violations or an extended suspension.
When the initial suspension was caused by more severe issues, such as refusing a breathalyzer test during a driving under the influence (DUI) stop, reckless driving, or evading police, the offense is elevated to a class A misdemeanor. This can result in up to one year in jail and fines reaching $6,250, with the potential for the suspension to be extended.
Navigating a driving-on-suspended-license charge involves addressing both criminal and civil penalties, as well as dealing with administrative actions from the Oregon DMV.
Speeding
Oregon enforces two main types of speeding violations: basic speeding and absolute limits. The basic speeding law mandates that drivers must operate their vehicles at a "reasonable and prudent" speed, considering road conditions, traffic, and weather.
For instance, while driving 55 miles per hour (mph) may be appropriate on a clear day, it can be dangerous on icy roads.
Absolute limits are fixed speed thresholds set by law. Drivers must not exceed these limits, as doing so incurs penalties. The established limits are:
- 15 mph in alleys and narrow residential streets
- 20 mph in school zones
- 25 mph in business districts, public parks, and non-arterial residential areas
- 55 mph on most state highways
- 65 mph on interstates
Penalties for exceeding these limits vary based on the extent of the violation. For instance, driving 1 to 10 mph over the limit results in a fine of $115 or $225 in specific zones.
Exceeding the limit by 11 to 20 mph incurs fines of $165 or $325. If the speed exceeds the limit by more than 30 miles per hour, fines can reach $875, and a 30-day license suspension may be imposed for repeat offenders.
Speeds over 100 mph result in a $1,150 fine and a mandatory 30 to 90-day license suspension.
Reckless and Careless Driving
Reckless driving in Oregon involves operating a vehicle in a manner that endangers people or property or intentionally causing the vehicle's rear tires to spin while being watched by others.
This offense is classified as a class A misdemeanor and carries penalties of up to one year in jail, fines of up to $6,250, and a license suspension. Suspension durations are 90 days for a first offense, one year for a second within five years, and three years for a third within five years.
In contrast, careless driving occurs when a driver unknowingly endangers people or property. This offense is generally classified as a class B traffic violation, resulting in fines ranging from $130 to $1,000.
If an accident occurs due to careless driving, the offense escalates to a class A violation with fines ranging from $220 to $2,000.
If the accident causes severe injury or death, penalties include fines from $200 to $2,000, 100 to 200 hours of community service, and mandatory traffic safety courses.
Unlike some states, Oregon does not allow plea bargaining to reduce a DUI charge to reckless driving.
Driving Under the Influence
Oregon's DUI laws, specifically ORS Section 813.010, make it illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving.
Additionally, it is prohibited to drive while impaired by alcohol, controlled substances, cannabis, inhalants, or psilocybin. Being "under the influence" means having noticeably impaired physical or mental abilities.
An arrest results in administrative penalties, such as license suspension, regardless of criminal conviction. Convicted offenders face additional criminal penalties.
Attempted DUI can be charged if a motorist takes a substantial step toward driving with a BAC of .08% or higher or while impaired. Oregon's DUI laws apply to various vehicles, including boats, bicycles, mopeds, scooters, and motorized wheelchairs, but exclude human-powered devices except bicycles.
Penalties for DUI vary by offense number and circumstances. A first or second DUI is typically a misdemeanor, while a third offense within ten years is a felony. DUIs causing injury or death result in felony charges, such as assault or manslaughter.
Jail sentences range from 48 hours to five years, fines from $1,000 to $125,000, and license suspensions from one year to permanent, with possible reinstatement after ten years. Depending on prior convictions, offenders must use Ignition Interlock Devices for one to five years.
Offenders must also complete a screening assessment and substance abuse treatment, attend a Victim's Impact Panel, and serve probation for up to five years. Underage drivers face the same penalties as adults, with any amount of alcohol in their blood considered impairment.
Hit-and-Run
In Oregon, a hit-and-run that results in serious injury or death is treated as a major offense. Individuals convicted of such crimes face severe consequences, including significant fines, the revocation of their driver's license, and potential imprisonment.
Drivers involved in accidents are required to remain at the scene, notify emergency services, and assist injured parties, though they are not expected to provide medical care. Failing to do so leads to charges of "failure to perform duties following an accident," and even witnesses can be penalized for not offering help.
Hit-and-run offenses causing injury are categorized as class C felonies, carrying up to five years in prison and fines up to $125,000. When a hit-and-run results in death, the penalties can be considerably harsher, with both prison time and fines potentially being doubled.
How Does Oregon DMV's Point System Work?
In many U.S. states, a point system enhances road safety by assigning points to drivers' records for moving violations. These points help determine actions against drivers who accumulate a specific number.
However, Oregon does not employ such a system. Instead, the state addresses habitual bad driving to decide on license suspensions. Oregon's Driver Improvement Program outlines the offenses that can lead to suspensions, revocations, or restrictions of driving privileges.
The program is established under Oregon Administrative Rules (OAR) Division 72 Section 735-072-0000. It allows the Oregon DMV to take administrative action against drivers, regardless of age, who are convicted of multiple or avoidable traffic offenses and accidents or who fail to appear in court or pay fines.
A driver's license can be suspended for 30 days if the motorist has three accidents, three traffic convictions, or a combination of three within 18 months. Similarly, a 30-day suspension is imposed if a driver accumulates four traffic convictions, four accidents, or a combination of four within two years.
Drivers may also be labeled as "habitual offenders" if they are convicted of three or more vehicle-related crimes or receive 20 or more traffic citations within five years.
What Is the Process for Handling Traffic Tickets in Oregon?
Traffic tickets are formal notices issued by law enforcement for traffic law violations in Oregon. Recipients must address these tickets by either pleading guilty and paying the fines or contesting them in court by entering a not-guilty plea and requesting a trial.
Paying the Traffic Fine
Paying a traffic fine is an option for drivers who do not wish to contest their citation, and it serves as an admission of guilt. Payment details and instructions are on the back of the ticket. Court contact and website information is also available on the Court Registry.
Drivers can pay fines in Circuit Courts online, in person, or by mail using cash, check, or credit card. When paying by mail, checks should be addressed to "The State of Oregon" and must include the driver's name and citation number. Court addresses are listed in the Find a Court section of the Oregon State Judiciary.
For those unable to pay the full amount, courts offer payment plans. To access these plans, drivers should contact the relevant court, which may require a three-year driving history.
Municipal or Justice Court tickets can be paid online through platforms on the courts' websites. The Oregon State Judiciary also provides the OJD Courts ePay portal for Circuit Court tickets. This portal accepts Visa, MasterCard, or Discover cards with a $1.50 service charge, and payments typically process within 24 hours.
Tickets are usually available online 10 to 15 days after issuance. The ePay portal is accessible daily, allowing drivers to view amounts due, enter billing information, and confirm payment. However, those required to appear in court, pleading not guilty, lacking a listed fine, or seeking to pay tickets from Municipal or Justice Courts cannot use this portal.
Contesting the Traffic Ticket
Contesting a traffic ticket can help avoid consequences such as increased insurance rates and a potential criminal record, which may result from simply paying the ticket.
When deciding whether to contest a citation, individuals must consider the case's strength, available evidence, attorney fees, knowledge of traffic laws, and productivity loss from a court appearance.
To contest the ticket, motorists must plead at the courthouse indicated on the citation. An arraignment follows, after which the court schedules a hearing date. Hearings for violations are held before a judge, while traffic crimes are decided by a jury.
Motorists contesting a ticket can represent themselves or hire an attorney. Self-representation, or going pro se involves notifying the clerk and requesting resources for self-represented defendants.
Representing oneself requires handling both the defendant and lawyer roles, including presenting and cross-examining witnesses, submitting evidence, and negotiating motions. Given these challenges, those unprepared may consider hiring an attorney. Financial hardship may qualify defendants for a court-appointed attorney or public defender.
Motorists can also contest a ticket without going to trial by completing a declaration form from the circuit court clerk. Procedures vary by county. They can check Multnomah County Circuit Court's Trial by Declaration Form and Instructions as a reference. They must submit the completed form 24 hours before the hearing to avoid contempt charges or a bench warrant.
Another option is negotiating a plea deal with the prosecutor, which may lead to reduced charges and lighter sanctions.
How Are Accident Reports Handled in Oregon?
In Oregon, drivers must call the police if an accident results in death, injury, or property damage over $2,500, or if any vehicle needs towing. Law enforcement will investigate and compile an official report from statements and observations.
Even if a police report is available, drivers are required to file their own report with the Oregon DMV for accidents involving injury, death, towing, or property damage of $2,500 or more.
This is specified under DMV's guidelines for accident reporting and responsibilities. If severe injuries prevent filing within 72 hours, the report should be submitted as soon as possible. Failing to report can lead to suspended driving privileges.
Drivers can print and complete the Oregon Traffic Accident and Insurance Report (Form 735-32) or obtain a copy from a local Oregon DMV office. The form should be mailed to the DMV Crash Reporting Unit.
The report must include:
- Names, addresses, and phone numbers of all involved
- Driver's license numbers
- Make, model, and color of all vehicles
- License plate numbers and registration details
- Estimated vehicle and non-vehicle damages with a diagram
- Insurance information with contact details
- Date, time, and location of the accident
- Weather, road, light, and traffic conditions
- For involved pedestrians or bicyclists: names, gender, age, injuries, direction of travel, and actions
While the Oregon DMV does not determine fault, an accident report supports compensation claims by documenting crucial details. This report provides an opportunity for drivers to present their account of events, especially if they were hospitalized immediately after the accident.
Obtaining an Accident Report in Oregon
The Oregon DMV does not issue copies of submitted Oregon crash reports. However, since drivers complete these reports themselves, they can retain a copy for personal records prior to submission.
Alternatively, drivers have the right to obtain police reports for accidents directly from the responding police department. The process for acquiring these reports differs depending on the jurisdiction.
For example, following a car accident in Portland, drivers should contact the Portland Police Records Division. A nominal fee is required, and the report can be requested online, via phone, or through mail.
What Should Drivers Know about Traffic-Related Arrests in Oregon?
Police officers have the authority to arrest or issue citations for traffic violations both within and outside their jurisdiction. Citations are issued if the officer witnesses the violation or has probable cause based on information from another officer. Officers may stop vehicles, conduct sobriety tests, and request consent to search and must inform individuals of their right to refuse.
Additionally, If reasonable grounds related to an accident are present, a citation for related offenses may be issued. Detention may occur if the offense is severe or other factors justify it.
Those arrested are booked and processed, and they may be released on bail while awaiting further proceedings.
Arrested individuals have several key rights. They can remain silent and should consult a lawyer before making any statements. Only their name and address need to be provided, and additional information is not required.
They have the right to request legal counsel and inform a family member or friend of their arrest. Individuals are also entitled to minimal detention, meaning they should not be held longer than necessary. Conversations with a lawyer are private, and discussing the case over the phone should be avoided. If they cannot afford a lawyer, free legal representation is available.
Key Considerations After a Traffic Arrest
After a traffic arrest in Oregon, individuals should consult a lawyer before agreeing to any additional tests.
When released, it is crucial to thoroughly review all paperwork, as release agreements often include conditions such as prohibitions on contacting the alleged victim or leaving the state. Failure to adhere to these conditions or to appear in court can lead to additional legal penalties.
Oregon provides several key legal resources for those dealing with traffic violations. The Oregon State Bar Lawyer Referral Service assists individuals in finding qualified attorneys. For those unable to afford private counsel, the Office of Public Defense Services offers representation.
Legal Aid Services of Oregon delivers free legal assistance to low-income individuals, while the Oregon Judicial Department provides valuable guidance on navigating court procedures and contesting traffic tickets.