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ORS 153.076

Applied in 21 court decisions — leading case ESLAMIZAR (2004)

Most recently applied in 345 Or. App. 443 - State v. Gibson (December 2025)

1999 c.1051 §21

How often courts cite this section

200220102020202520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Violation proceedings shall be tried to the court sitting without jury. The trial in a violation proceeding may not be scheduled fewer than seven days after the date that the citation is issued unless the defendant waives the seven-day period.

(2) The state, municipality or political subdivision shall have the burden of proving the charged violation by a preponderance of the evidence.

(3) The pretrial discovery rules in ORS 135.805 to 135.873 apply in violation proceedings.

(4) The defendant may not be required to be a witness in the trial of any violation.

(5) Defense counsel shall not be provided at public expense in any proceeding in which only violations are charged.

(6) A district attorney or city attorney may aid in preparing evidence and obtaining witnesses but, except upon good cause shown to the court, shall not appear in violation proceedings unless counsel for the defendant appears. The court shall ensure that the district attorney or city attorney is given timely notice if defense counsel is to appear at trial.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.