Careless driving
- penalty
Source:
Section 811.135 — Careless driving; penalty, https://www.oregonlegislature.gov/bills_laws/ors/ors811.html.
Notes of Decisions
Under former similar statute
It was error for court to instruct jury that defendant could be found guilty of both fourth degree assault and careless driving for same motor vehicle accident. State v. Ritchey, 46 Or App 871, 613 P2d 501 (1980)
Phrase “in a manner that endangers or would be likely to endanger any person or property” is not impermissibly vague. State v. Sarriugarte, 66 Or App 406, 674 P2d 82 (1984)
In general
Statutory protections against former jeopardy are not violated where in single proceeding defendant is acquitted by jury of crime and then convicted by court of lesser included offense that jury cannot try. State v. Cuffee, 87 Or App 293, 742 P2d 637 (1987); State v. Darlin, 122 Or App 172, 857 P2d 859 (1993)
Careless driving is lesser included offense of reckless driving. State v. Cuffee, 87 Or App 293, 742 P2d 637 (1987)
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