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|THE OREGON CRIMINAL LAW GUIDE|
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|"I defend people facing recklessly endangering another person charges in the State of Oregon."|
RECKLESSLY ENDANGERING ANOTHER PERSON OFFENSES IN OREGON
ORS 163.195 Recklessly endangering another person. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
(2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]
ORS 161.086(9) “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
ORS 809.411 Suspension for conviction of crime. (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.
(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.
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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 Defense Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: REAP is a misdemeanor crime that is often associated with DUII charges.