Related Criminal Defense

Oregon Revised Statute (ORS) 811.140(1) states:

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.

Oregon law distinguishes between Careless Driving, which is a violation, and Reckless Driving, which is a criminal misdemeanor. While the allegations are similar, the difference lies in the degree to which the driving presents a threat of danger to people or property, and it also depends upon the driver’s state of mind.

On its face, the definition of “Reckless” or “Reckless Driving” is very vague. While this vagueness allows law enforcement broad leeway to classify a particular driving incident as “reckless,” it also means that people accused of Reckless Driving may put law enforcement’s characterization of a particular offense as “reckless” to the test. Generally, Oregon law considers the term “reckless” to show that a person knew that his or her conduct was unsafe, but they went ahead and did it anyway, without regard to the safety of others or of property.

In practical terms, we often see this charge associated with excessive speeding, racing, swerving, cutting other drivers off, and other behaviors which could lead to an accident. If an accident does occur, there will likely be other charge(s) listed on this page accompanying Reckless Driving.

If you have been accused of Reckless Driving under Oregon law, it is important that you get an attorney to defend you. A conviction for Reckless Driving can result in probation, jail, community service, or costly fines as well as a minimum 90-day suspension of your driver’s license, all of which can have serious ramifications on your job and personal life.

Hit and Run (Fail to Provide Duties of a Driver)

Oregon’s Hit-and-Run statutes, ORS 811.700 and ORS 811.705, are titled “Failure to Perform Duties of a Driver.”

When a driver is involved in an accident, they are required to stop the vehicle and perform certain duties with respect to the other party or parties involved. This applies to all sorts of accidents, including those involving another driver, an unoccupied vehicle, a pedestrian or other road user, or anyone’s property (a fence, light pole, stop sign, etc.).

While different requirements apply to these different scenarios (for example, it may not be possible to identify or locate the owner of an unoccupied vehicle or an item of property), generally speaking, the law requires the motor vehicle operator to inform the other party or parties involved of their name and address, the vehicle registration number (whether or not the driver is the registrant), their driver’s license number, and insurance information.

If the accident only involves property damage, meaning no injury is involved, failure to stop and to perform these duties constitutes a misdemeanor. Under ORS 811.700, The consequence of this type of conviction can include probation, jail, community service, fixed restitution and a license suspension of at least 90-days. Under ORS 811.705, if there is a Hit and Run where someone was hurt, and the person who failed to stop knew or should have known of this injury, there are additional requirements. Specifically, you must render whatever reasonable assistance you can to any injured party, and you must wait for law enforcement to arrive at the scene and gather what information they require (with exceptions for drivers who are seriously injured, or for drivers rendering assistance to injured parties, such as conveying them to a hospital, so long as that driver informs law enforcement). A Failure to Perform the Duties of a Driver, or Hit-and-Run, involving bodily injury constitutes a serious felony, with consequences that may include probation or post-prison supervision, jail or prison, depending upon the severity of the injury and any prior criminal convictions, fines, and a license revocation of one or five years without the possibility of a hardship permit.

If you have been accused of violating Oregon’s Hit and Run statutes, whether misdemeanor or felony, Reynolds Defense Firm is ready to help. Here is a link with more specific tips about handling Hit and Run charges. 

Driving While Suspended or Revoked can be charged as a violation (like a speeding ticket), a misdemeanor, or a felony depending on the nature of the suspension or revocation that was violated.

Under ORS 811.182, a driver who drives while their license is suspended or revoked commits a criminal misdemeanor if the suspension was the result of a wide variety of criminal misdemeanor convictions. For example, where a license has been suspended as a result of a DUII conviction, the law specifies that the court must impose a minimum fine of $1000 if that person is later caught driving while the suspension is in effect. This is in addition to the typical sentence of probation, court fees and possible jail or community service.

Although this charge might seem cut and dry on the surface, there are some affirmative defenses built into Oregon’s law, and like any criminal allegation, a thorough review of the evidence is vital to be fully advised of your options.

If you have been charged with the crime of driving while a license is suspended or revoked in Oregon, call the Reynolds Defense Firm today.

Under ORS 811.540, when an Oregon police officer signals for a driver to pull over, whether it be by using their siren, lights, or other means, the driver must pull over and stop in a reasonably safe spot. If, instead, the driver attempts to flee or otherwise attempts to elude law enforcement the driver may have committed a felony if this occurs in a motor vehicle, or a misdemeanor if the driver takes off on foot.

If the driver could not clearly identify the police officer as a police officer, or they continued to drive in the belief that they needed to reach a particular safe location before stopping, the driver can assert these as defenses to a charge of attempting to elude a police officer.

If you need an attorney to defend you from your driving-related criminal charge in Oregon, please contact the Reynolds Defense Firm immediately. Your initial consultation is absolutely free, and there is no obligation.

The official title of this offense is Operating Motor Vehicle While Using Mobile Electronic Device. The first two offenses under this statute (ORS 811.507) are violations, but the third offense (and any after that) within ten years is a Misdemeanor criminal offense with potentially serious consequences. We dig into further details in this blog post. 

There are some exceptions to this rule for commercial drivers, two-way radio users, and emergency communications. Whether or not you have any affirmative defenses in your situation, you need an experienced attorney to pursue the best outcome possible for you and for and your family. Please reach out to Reynolds Defense Firm as soon as possible. There is no charge to speak with our compassionate experts, and you’ll feel better after you do.