SLR 4-16.015: PLEAS; WRITTEN OR IN-PERSON; DISPOSITION

(1) The recipient of a violation citation issued within the scope of this Chapter shall enter a plea of no contest or not guilty to the violation(s) charged. The plea may be made electronically, in writing, by phone, or in person as provided in this Section. (a) If in writing, over the phone, or electronically, the plea must be received by the court on or prior to the date indicated on the citation for appearance. (b) If, in a timely submission to the court, the recipient of a violation citation fails to specify a plea, the court may, in its discretion, enter a plea on the recipient’s behalf. The court may enter a no contest plea if the essential facts constituting the violation(s) are admitted or the court can otherwise reasonably infer the recipient’s intent not to contest the charge(s). In all other circumstances, the court will enter a not guilty plea on the recipient’s behalf and set the case for trial. (c) In-person pleas may also be entered with the Clerk of the Court, either at the Multnomah County Central Courthouse or the East County Courthouse, on or before the date indicated on the citation for appearance. (2) If the recipient pleads not guilty or a not guilty plea is entered on the recipient’s behalf as provided in sub-section (1)(b), the case will be set for a court trial. (a) All Traffic trials will be held remotely, and video appearance is required. Recipients who are unable to join by video on their own, may appear at the Multnomah Central Courthouse or East County Courthouse at the time of their trial and a clerk will provide assistance and connect them with their trial. (b) The court will provide notification of the trial date to the law enforcement agency employing the citing officer and to the recipient. Recipient’s trial notice will be sent to the mailing address or email address provided to the court at the time the recipient enters an in-person not guilty plea or at the recipient’s last known address if the plea is entered otherwise. It is the recipient’s burden to provide the court with complete and accurate contact information (including address, telephone number and email address) and to promptly notify the court of any changes. The trial notice will specify the date, time and location of the remote trial. (c) Except as provided in subsection (2)(d), the citing officer, the recipient of the citation and any witnesses for either party shall appear for the remote trial at the time and place indicated in the court’s trial notice. Prior to the trial, the recipient will have the opportunity to speak with the citing officer and possibly come to a settlement agreement. If no agreement is reached, the court will hold a trial. After trial, the court will enter a judgment of conviction or acquittal on the charge(s) and impose fines on any conviction. (d) Except for violation citations issued as a result of electronic enforcement of the Oregon Vehicle Code, ORS 810.434 through ORS 810.439, the recipient may request a trial by declaration. If the recipient makes such a request, the court will supply a form of declaration for the recipient to complete, certified under penalties of perjury. The information provided in the declaration will substitute for in-person testimony at trial. Any witness for the recipient may likewise appear by declaration. The recipient’s submission of a written declaration complying with this subsection shall constitute a waiver of the recipient’s right to personally appear at trial and an agreement to pay any fine assessed after trial within the time provided in SLR 16.075. (e) Notwithstanding subsection 2(d), the recipient of a violation citation issued as a result of electronic enforcement of the Oregon Vehicle Code may likewise appear by declaration, but only if the declaration expressly states that the recipient does not dispute that he or she was the driver of the vehicle identified in the citation. (f) The recipient may change the plea from not guilty to no contest up to 5:00 PM the business day prior to commencement of trial. (3) If the recipient pleads no contest to a violation charge or charges, or a no contest plea is entered on the recipient’s behalf as provided in sub-section (1)(b), the court will enter a judgment of conviction on all such charges and a fine will be imposed as provided in this section. (a) A written plea may be submitted with a statement or explanation. After consideration of the statement or explanation and any other pertinent information, such as the recipient’s driving history, the court shall impose a fine in a sum not less than the minimum prescribed by Oregon law. (b) A qualifying in-person or electronic plea may be entered and a fine assessed in accordance with the Violations Bureau schedule as provided in SLR 16.025. Otherwise, the recipient entering a plea in-person may pay the presumptive fine indicated on the citation. If the recipient does not qualify for a Violations Bureau fine, a fine will be assessed in the same manner as a written plea accompanied by an explanation or statement. (c) Either the Clerk of the Court or a judicial officer may enter a judgment of dismissal of a charge, without the entry of a plea, consistent with Oregon law or in accordance with a documented offer made by the citing officer, the terms of which are established by the recipient to have been fulfilled. (d) The clerk of the court may enter a judgment or dismissal of a charge in accordance with a judicial officer ruling without further order of the court.