Rule 16.005 - PRE-ARRAIGNMENT, ARRAIGNMENT, AND APPEARANCEThis section governs any case initiated as a traffic violation under the Oregon Vehicle Code, or any other offense or violation issued on a uniform citation, or any misdemeanor treated as a violation pursuant to ORS 161.568, and for which the only penalty is a fine or forfeiture of a presumptive fine.
(1) Prior to any arraignment date or at the date and time of arraignment specified on the summons, the defendant may exercise one of the following options to dispose of the case:(a) The defendant may plead no contest and pay the fine specified as the presumptive fine amount on the summons; or, if available and requested, the reduced Violations Bureau fine, by entering a written plea of no contest and mailing the written plea and a check or money order for the fine to the court;(b) The defendant may enter a written plea of no contest and submit a written explanation of the incident in support of seeking a penalty reduction. A defendant electing this option must submit the presumptive fine with the written explanation to the court;(c) The defendant may plead no contest and pay the fine specified as the presumptive fine amount on the summons by going to the court's website, http://courts.oregon.gov/Benton/, and following the directions on the ePay link;(d) The defendant may enter a written plea of not guilty and request that the matter be set for a court trial. Any defendant electing to proceed under this subparagraph must verify their residence address, current mailing address, and telephone number. i. Defendants may enter the not guilty plea and request a court trial in person or by mail.ii. A defendant must provide a list of witnesses they plan to call at trial.(2) A defendant electing to proceed in accordance with subparagraph (1)(d) of this rule may submit as evidence the written testimony of a witness, by affidavit or by declaration under penalty of perjury, in lieu of taking the testimony of the witness orally in court. (a) The submission of the defendant's own written testimony shall be deemed a waiver of any right defendant may have to directly confront witnesses for the state. The submission of the written testimony of any defense witness other than defendant's own shall not be deemed a waiver by the defendant of their right to confront the state's witnesses.(b) Absent a waiver pursuant to subparagraph (2)(a) above, the submission of written testimony of a witness for the state is subject to receipt by the court of a signed statement from the defendant waiving the right to have the testimony presented orally in court. The court shall provide a waiver form to the defendant at the defendant's last known address.(c) A declaration under penalty of perjury submitted as testimony in lieu of the taking of testimony orally in court must be submitted on a form provided by the court. Benton Supp. L. R. 16.005
Amended effective 2/1/2024.