Oregon Statutes 809.220 – Failure to appear; suspension or other procedures
This section establishes procedures that are applicable if a person fails to appear on a citation for a traffic offense or fails to appear on a citation for a violation of ORS § 471.430 or 475C.317. All of the following apply to this section:
Terms Used In Oregon Statutes 809.220
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(1) If a defendant fails to make any appearance required by the court or by law in a proceeding charging the defendant with a traffic offense or with a violation of ORS § 471.430 or 475C.317, the court:
(a) Shall issue notice to the Department of Transportation to suspend for failure to appear if the defendant is charged with a traffic crime or with a violation of ORS § 471.430 or 475C.317. If a court issues notice under this paragraph, the department shall suspend the driving privileges of the person as provided under ORS § 809.280.
(b) Shall issue notice to the department to implement procedures under ORS § 809.416 if the defendant is charged with a traffic violation. If a court issues notice under this paragraph, the department shall implement procedures under ORS § 809.416.
(2) In any notice to the department under this section, a court shall certify that the defendant failed to appear in the proceedings in the manner required by the court or by law.
(3) At any time within 10 years from the date the traffic offense or violation of ORS § 471.430 or 475C.317 occurred, a court shall give a second notice to the department to reinstate the person’s suspended driving privileges resulting from the original notice if any of the following occur:
(a) The fine for the offense is paid or the defendant has begun making payments.
(b) The court finds the defendant not guilty or orders a dismissal of the case.
(c) The court determines that the person’s suspended driving privileges should be reinstated for good cause.
(4) The court may reissue a notice of suspension if the person ceases making payments before the fine is paid in full. The reissuance does not extend the original period of suspension.
(5) Notifications by a court to the department under this section shall be in a form prescribed by the department.
(6) A court may not notify the department under this section for failure to appear on any parking, pedestrian or bicyclist offense. [1983 c.338 § 393; 1985 c.16 § 209; 1985 c.669 § 15; 1989 c.161 § 1; 1991 c.702 § 6; 1995 c.142 § 3; 1999 c.1051 § 281; 2001 c.817 § 1; 2001 c.823 § 27; 2007 c.127 § 3; 2011 c.355 § 5; 2011 c.597 § 113; 2013 c.432 § 2; 2017 c.20 § 8]