Arrest Reports and Laws

Role of police officer in implied consent hearing.


Notwithstanding ORS 9.160 and 9.320, in any hearing under ORS 813.410 in which a city attorney or district attorney does not appear, a police officer actively involved in the investigation of the offense may present evidence, examine and cross-examine witnesses and make arguments relating to:
(1) The application of statutes and rules to the facts in the case;
(2) The literal meaning of the statutes or rules at issue in the case;
(3) The admissibility of evidence; and
(4) Proper procedures to be used in the hearing. [1999 c.831 §4; 2010 c.37 §2]