State v. Weber

Defendant appeals a judgment of conviction for speeding, ORS 811.100, based on a citation issued pursuant to the photo radar statute, ORS 810.438 to ORS 810.439 (1997).1 She argues that: (1) the photograph and data generated by the photo radar unit were improperly admitted into evidence; (2) the statutory presumption that the registered owner of the vehicle was the driver at the time of the alleged infraction, ORS 810.439(l)(b) (1997), is unconstitutional; and (3) the delay of over a week between the speeding incident and the citation’s issuance violated her due process rights. We affirm.

The…