Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon hit and run charge.

Former prosecutor dedicated to criminal defense.
More than 20 years as an Oregon attorney.
Call today for a no cost consultation.
(503) 546-2928

THE OREGON CRIMINAL LAW GUIDE

MAIN PAGE PORTLAND HIT AND RUN LAWYER MULTNOMAH COUNTY DUI LAW OREGON DWS
"I defend people facing misdemeanor and felony hit and run charges in Multnomah County, Washington County, and Clackamas County."

OREGON FAILURE TO PERFORM DUTIES OF A DRIVER (HIT AND RUN) LAW

   ORS 811.700 Failure to perform duties of driver when property is damaged; penalty. (1) A person commits the offense of failure to perform the duties of a driver when property is damaged if the person is the driver of any vehicle and the person does not perform duties required under any of the following:

    (a) If the person is the driver of any vehicle involved in an accident that results only in damage to a vehicle that is driven or attended by any other person the person must perform all of the following duties:

    (A) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this subparagraph shall be made without obstructing traffic more than is necessary.

    (B) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this paragraph.

    (C) Give to the other driver or passenger the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.

    (D) Upon request and if available, exhibit and give to the occupant of or person attending any vehicle damaged the number of any documents issued as evidence of driving privileges granted to the driver.

    (b) If the person is the driver of any vehicle that collides with any vehicle that is unattended, the person shall immediately stop and:

    (A) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle; or

    (B) Leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

    (c) If the person is the driver of any vehicle involved in an accident resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall do all of the following:

    (A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver’s name and address and of the registration number of the vehicle the driver is driving.

    (B) Upon request and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.

    (2) The offense described in this section, failure to perform the duties of a driver when property is damaged, is a Class A misdemeanor and is applicable on any premises open to the public. [1983 c.338 §572]

POSSIBLE SENTENCE
Probation Always
Jail Sometimes
License  Suspension 90 days or more

   ORS 811.705 Failure to perform duties of driver to injured persons; penalty. (1) A person commits the offense of failure to perform the duties of a driver to injured persons if the person is the driver of any vehicle involved in an accident that results in injury or death to any person and does not do all of the following:

    (a) Immediately stop the vehicle at the scene of the accident or as close thereto as possible. Every stop required under this paragraph shall be made without obstructing traffic more than is necessary.

    (b) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this subsection.

    (c) Give to the other driver or surviving passenger or any person not a passenger who is injured as a result of the accident the name and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of any other occupants of the vehicle.

    (d) Upon request and if available, exhibit and give to the persons injured or to the occupant of or person attending any vehicle damaged the number of any document issued as official evidence of a grant of driving privileges.

    (e) Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by any injured person.

    (f) Remain at the scene of an accident until a police officer has arrived and has received the required information, if all persons required to be given information under paragraph (c) of this subsection are killed in the accident or are unconscious or otherwise incapable of receiving the information. The requirement of this paragraph to remain at the scene of an accident until a police officer arrives does not apply to a driver who needs immediate medical care, who needs to leave the scene in order to secure medical care for another person injured in the accident or who needs to leave the scene in order to report the accident to the authorities, so long as the driver who leaves takes reasonable steps to return to the scene or to contact the nearest police agency.

    (2)(a) Except as otherwise provided in paragraph (b) of this subsection, the offense described in this section, failure to perform the duties of a driver to injured persons, is a Class C felony and is applicable on any premises open to the public.

    (b) Failure to perform the duties of a driver to injured persons is a Class B felony if a person suffers serious physical injury as defined in ORS 161.015 or dies as a result of the accident. [1983 c.338 §573; 1993 c.621 §1; 2001 c.919 §1]

POSSIBLE SENTENCE
Probation Sometimes
Prison Sometimes
License  Revocation 1,  3, or 5  years

   ORS 811.706 Money damages resulting from violation of ORS 811.700 or 811.705. When a person is convicted of violating ORS 811.700 or 811.705, the court, in addition to any other sentence it may impose, may order the person to pay an amount of money equal to the amount of any damages caused by the person as a result of the incident that created the duties in ORS 811.700 or 811.705. [1995 c.782 §2]

   Note: 811.706 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.

   ORS 811.707 Crime classification for violation of ORS 811.705. The Oregon Criminal Justice Commission shall classify the crime of failure to perform the duties of a driver to injured persons as crime category 8 of the sentencing guidelines grid of the commission if a person suffers serious physical injury as defined in ORS 161.015 or dies as a result of the accident that forms the basis of the conviction. [2001 c.919 §2]

   Note: 811.707 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.

   ORS 811.710 Failure to perform duties of driver when animal is injured; penalty. (1) A person commits the offense of failure to perform the duties of a driver when an animal is injured if the person knowingly strikes and injures a domestic animal and the person does not do all of the following:

    (a) Stop at once.

    (b) Make a reasonable effort to determine the nature of the animal’s injuries.

    (c) Give reasonable attention to the animal.

    (d) Immediately report the injury to the animal’s owner.

    (e) If unable to contact the owner of the animal, notify a police officer.

    (2) The requirements under this section for a driver to stop and attend an injured animal depend on the traffic hazards then existing.

    (3) The offense described in this section, failure to perform the duties of a driver when an animal is injured, is a Class B traffic violation. [1983 c.338 §574]

   ORS 809.409 Revocation for conviction of a crime [applies to felony hit and run]. (1)(a) Upon receipt of a record of conviction of an offense described in this section, the Department of Transportation shall revoke the driving privileges of the person convicted.

   (b) A person is entitled to administrative review under ORS 809.440 of a revocation under this section.

   (c) Except as otherwise provided in subsections (2) and (3) of this section, the revocation shall be for a period of one year from the date of revocation, except that the department may not reinstate driving privileges of any person whose privileges are revoked under this section until the person complies with future responsibility filings.

   * * * * *

   (3) (a) Except as provided in paragraphs (b) and (c) of this subsection, the department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform the duties of a driver to injured persons under ORS 811.705.

   (b) The department shall revoke driving privileges under this subsection for a period of three years if the court indicates on the record of conviction that a person sustained serious physical injury, as defined in ORS 161.015, as a result of the accident.  The person may apply for reinstatement of privileges three years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement three years from the date the revocation was imposed under this subsection.

   (c) The department shall revoke driving privileges under this subsection for a period of five years if the court indicates on the record of conviction that a person was killed as a result of the accident. The person may apply for reinstatement of privileges five years after the date the person was released from incarceration, if the sentence includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement five years from the date the revocation was imposed under this subsection.

   ORS 809.411 Suspension for conviction of crime [applies to misdemeanor hit and run]. (1)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.

   (b) A person is entitled to administrative review under ORS 809.440 of a suspension under this section.

   (c) Except as otherwise provided in subsections (7), (8), (9) and (10) of this section, the suspension shall be for the period of time described in Schedule I of ORS 809.428. The department may not reinstate driving privileges of any person whose privileges are suspended under subsection (2), (3), (4), (5), (6), (7) or (10) of this section until the person complies with future responsibility filings. There is no requirement of compliance with future responsibility filings if the person was suspended under subsection (8) or (9) of this section.

    * * * * *

      (4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform duties of a driver when property is damaged under ORS 811.700.

   * * * * *

   ORS 809.428 Schedule of suspension or revocation periods for certain offenses.  This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under ORS 809.411 and 813.400. The schedules are as follows:

   (1) Schedule I. The suspension or revocation periods under Schedule I are as provided in this subsection. The period of suspension or revocation under this schedule shall be:

   (a) Ninety days for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

   (b) One year for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

   (c) Three years for a third or subsequent offense where the commission of the third or subsequent offense and two or more convictions for separate offenses occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.


David N Lesh
Oregon Hit and Run Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP:  Failure to perform duties of a driver is commonly known as "hit and run" in Oregon and in some states as "hit and skip."

  Conviction of FPDD comes with a license suspension / revocation of 90 days to five years.

Sometimes a FPDD charge can be civilly compromised.

 


 

David Lesh Mini Biography

Oregon attorney since 1990;

Former traffic crime prosecutor;

Former lawyer to Portland Police Bureau;

Sought after criminal defense attorney.

 

 

 


 


Hit and run charges are often seen when a driver is DUI.
Alabama DUI   Alaska DUI   Arizona DUI   Arkansas DWI   California DUI   Colorado DUI   Connecticut DUI   Delaware DUI   Florida DUI   Georgia DUI   Hawaii DUI   Idaho DUI   Illinois DUI   Indiana DUI   Iowa OWI   Kansas DUI   Kentucky DUI   Louisiana DWI   Maine OUI   Maryland DUI   Massachusetts OUI   Michigan OWI   Minnesota DWI  
Missouri DWI   Montana DUI   Nebraska DWI   Nevada DUI   New Hampshire DUI   New Jersey DWI   New Mexico DWI   New York DWI   North Carolina DWI  
North Dakota DUI   Ohio DUI   Oklahoma DUI   Oregon DUII Diversion   Pennsylvania DUI   Rhode Island DUI   South Carolina DUI   South Dakota DUI   Tennessee DUI  
Texas DWI  Utah DUI   Vermont DUI   Virginia DUI   Washington State DUI   Washington D.C. DWI   West Virginia DUI   Wisconsin OWI   Wyoming DWUI