Violations

When you enter a plea of no contest, you waive your right to trial. Your fine will be assessed at the time you enter your no contest plea.

If you plead not guilty, the case will be set for trial and you will receive notice of the trial date in the mail. At the trial you may present evidence and call witnesses.

You may choose to have your trial by declaration. You must submit a Violation Election Form with your declaration to the court. If you choose not to testify you do not have to submit a declaration, however, the court will consider the officer’s declaration in reaching a decision.

If you do not appear on or before your first appearance date, the clerk will enter a default judgment. The entire presumptive fine will be charged along with any additional fees or assessments.

When you appear at the courthouse for your trial, be prepared to present your case at the time listed on your trial notice. You do not have to testify if you do not want to. If you choose not to testify, the judge will not hold that against you and will base his or her decision on the evidence that is presented. If you fail to appear for trial after a plea of not guilty, the court will take testimony from the officer and make a ruling from the evidence presented.

 

Did you get a citation (ticket) for drug possession? If so, read this.

A new law (2020 Ballot Measure 110) makes some types of Possession of a Controlled Substance (PCS, or illegal drug possession) a violation instead of a crime. That means if a person is convicted, they cannot go to jail or prison but may have to pay a fine.

If you have received a citation (ticket) for possession of a controlled substance after February 1, 2021, read the citation. If it says “PCS" or “Possession," lists a fine of $100, and lists one of the law numbers at the bottom of this page, follow these special instructions. If not, follow the directions on the citation.

If you are accused of a PCS violation, here are your options:

 

1. “Appear" in court and plead not guilty. Follow the instructions on your ticket. “Appear" doesn't necessarily mean you have to come to the courthouse. You may “appear" by contacting the Violations clerk at (503) 397-2327 ext. 312

 

2. Plead 'no contest' and pay the $100 fine. Follow the instructions on the ticket or pay online at  OJD Courts ePay

 

3. Ask the court to reduce your fine. Follow the instructions on the ticket to “appear" in court. You may “appear" by contacting the Violations clerk at (503) 397-2327 ext. 312

 

4. Obtain a health assessment and avoid a fine. Follow these instructions: o

• Call 503-575-3769. Someone will answer 24 hours a day, seven days a week.
• Tell the person you want a Measure 110 health assessment.
• In order to avoid paying a fine, you will need to complete an assessment within 45 days of the date of your citation.
• They will ask you questions to see if you need medical treatment, substance abuse treatment, or other services.
• When you complete the assessment, you will get a verification letter stating that you have completed the health assessment.
• Send the original verification letter to the court. You must prove you completed the assessment if you don't want to pay the fine. Please keep a copy for your records.
• The court will waive the fine, but enter your conviction for the charge.

If you have questions regarding a citation for Columbia County, please contact the Court at (503) 397-2327 ext. 312.

Law numbers involved in new PCS violations are:

ORS 475.752(3)(a)	ORS 475.834
475.752(3)(b)	475.854
475.752(3)(c)	475.874
475.752(3)(d)	475.884
475.824	475.894

Measure 110 Fact Sheet