ORS 811.135
Careless driving

penalty

Text
Annotations 5

(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 (Length of community service sentence). 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 (Maximum fines); and

(B)

A suspension of driving privileges for one year as provided in ORS 809.280 (Department procedures following court order of suspension or revocation); 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 (Department procedures following court order of suspension or revocation).

(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]

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)

ORS 811.135 Careless driving

(1)

(2)

(3)

(a)

(A)

(B)

(b)

(A)

(B)

(c)

(4)

(a)

(b)

(A)

(B)

(5)

(6)

Notes of Decisions

In general

ORS 811.135
Careless driving