State v. Dahl

The primary question that this case presents is whether the state may rely on a statutory presumption to prove a traffic violation. We hold, as did the trial court and the Court of Appeals, that it may do so and accordingly affirm the Court of Appeals decision and the trial court’s judgment.

A Portland police officer using “photo radar” 1 determined that a car registered to defendant had exceeded the speed limit. Although the photo radar took a photograph of the car and its driver, the officer did not stop the car or otherwise determine the driver’s identity. Pursuant to ORS 810.439(1), 2 the…