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. (1) The application of statutes and rules to the facts in the case;
2. (2) The literal meaning of the statutes or rules at issue in the case;
3. (3) The admissibility of evidence; and
4. (4) Proper procedures to be used in the hearing.

Note: 813.412 was enacted into law by the Legislative Assembly but was not added to or made a part of the Oregon Vehicle Code or any chapter or series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[1999 c.831 §4; 2010 c.37 §2]