Rules of the Road for Drivers

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 (Definitions with respect to culpability).

(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]
SPECIAL SAFETY MEASURES

Notes of Decisions

Under former similar statute

Evidence that defendant was driving while intoxicated, although he was not so charged, together with evidence of several near-misses with parked cars and oncoming traffic was sufficient to allow trial court to conclude defendant’s driving was reckless. State v. Griffin, 55 Or App 849, 640 P2d 629 (1982), Sup Ct review denied

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)

Court erred by instructing jury that term “recklessly” includes driving while under influence of intoxicants where effect of instruction was to direct jury to find defendant guilty of reckless driving upon finding defendant guilty of DUII. State v. Luke, 104 Or App 541, 802 P2d 672 (1990)

Finding that driving “endangered” safety of others or property does not require direct evidence of manner in which defendant actually drove vehicle. State v. Smith, 218 Or App 568, 180 P3d 148 (2008)

Source

Last accessed
Mar. 11, 2023

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