Citations based on photo radar
- response to citation
Source:
Section 810.439 — Citations based on photo radar; response to citation, https://www.oregonlegislature.gov/bills_laws/ors/ors810.html
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Notes of Decisions
Presumption that vehicle was driven by registered owner does not improperly shift burden of persuasion to defendant. State v. Dahl, 185 Or App 149, 57 P3d 965 (2002), aff’d 336 Or 481, 87 P3d 650 (2004)
Where vehicle is registered to single owner, presumption that registered owner was driving vehicle has sufficient rational basis to meet due process requirements. State v. Dahl, 185 Or App 149, 57 P3d 965 (2002), aff’d 336 Or 481, 87 P3d 650 (2004)
This section and ORS 810.438 are precitation procedural statutes that do not add to substantive requirements for commission of offense. State v. King, 199 Or App 278, 111 P3d 1146 (2005), Sup Ct review denied
Enumerated conditions for issuance of photo radar citation supersede ORS 153.045 requirement for officer certification regarding offense. State v. King, 199 Or App 278, 111 P3d 1146 (2005), Sup Ct review denied