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State v. Patrick

Summarized by: 

Date Filed: 08-01-2012
Case #: A143367
Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A143367.pdf

Traffic Infractions: Under ORS 811.111(1)(d) a person commits the offense of violating the speed limit if, while driving on a highway in any city, the person either: (1) exceeds the designated speed, or; (2) exceeds the specific speeds listed in ORS 811.111(1)(d)(A) to (F). Also, it was within the authority of the municipal court to adopt its own base fine schedule for violations in its jurisdiction.

Defendant appealed a circuit court judgment denying his motion to dismiss a citation for speeding. Defendant did not dispute the fact that he was caught driving 24 miles per hour over the stated speed limit. However, he asserts error of the court based on his claim that he did not violate ORS 811.111 as cited, and the base fine was not lawfully authorized. He asserts that the posted speed limit did not fall under the default statutory speed limit listed under ORS 811.111. The Court of Appeals held that the statutory language of “no speed is posted” within ORS 811.111 is referenced only to a “designated speed” that has been posted under ORS 810.180 rather than any speed. Accordingly, the Court found, based on the undisputed facts, that Defendant had violated the speed limit under ORS 811.111(1)(d). Also, it was within the authority of the municipal court of North Plains to adopt its own base fine schedule for violations in its jurisdiction. Affirmed.