§ 813.412 Peace officer's duties during implied consent hearing

813.412. Peace officer's duties during implied consent hearing

                                    Text subject to final change by the Oregon Office of the Legislative Counsel.

    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.