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OREGON RECKLESS DRIVING AND CARELESS DRIVING LAWS


David N Lesh

Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today:  (503) 546-2928
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WHAT IS CARELESS DRIVING IN OREGON? 

    ORS 811.135 Careless driving; penalty.

   (1) A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.   

   (2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation.

    (3) In addition to any other penalty imposed for an offense committed under this section, if the court determines that the commission of the offense described in this section contributed to the serious physical injury or death of a vulnerable user of a public way, the court shall:

    (a) Impose a sentence that requires the person to:

    (A) Complete a traffic safety course; and

    (B) Perform between 100 and 200 hours of community service, notwithstanding ORS 137.129. The community service must include activities related to driver improvement and providing public education on traffic safety;

    (b) Order, but suspend on the condition that the person complete the requirements of paragraph (a) of this subsection:

    (A) A fine of up to $12,500, notwithstanding ORS 153.018; and

    (B) A suspension of driving privileges for one year as provided in ORS 809.280; and

    (c) Set a hearing date up to one year from the date of sentencing.

    (4) At the hearing described in subsection (3)(c) of this section, the court shall:

    (a) If the person has successfully completed the requirements described in subsection (3)(a) of this section, dismiss the penalties ordered under subsection (3)(b) of this section; or

    (b) If the person has not successfully completed the requirements described in subsection (3)(a) of this section:

    (A) Grant the person an extension based on good cause shown; or

    (B) Order the penalties under subsection (3)(b) of this section.

    (5) When a court orders a suspension under subsection (4) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280.

    (6) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense appears to have contributed to the serious physical injury or death of a vulnerable user of a public way. [1983 c.338 §570; 1995 c.383 §20; 2007 c.784 §3; 2011 c.355 §11; 2011 c.423 §1]

POSSIBLE OREGON CARELESS DRIVING SENTENCE
A fine and very rarely a suspension

WHAT IS RECKLESS DRIVING IN OREGON? 

   ORS 811.140 Reckless driving; penalty.

   (1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.

    (2) The use of the term “recklessly” in this section is as defined in ORS 161.085.

    (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]

POSSIBLE OREGON RECKLESS DRIVING SENTENCE
Probation Usually
Jail Sometimes
License Suspension 90 days or more

 

   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.

    * * * * *

 

   (3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless driving under ORS 811.140.

   * * * * *

   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.

 

Reckless and careless driving charges are often seen with DUI charges.



"I defend and help people facing assault charges in the Portland metro area. 
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Twenty eight years as an Oregon attorney
Former Multnomah County assault prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
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David Lesh provides Oregon assault defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.