Ors Failure to Perform Duties of a Driver Updated

Ors Failure to Perform Duties of a Driver

The phrase "DUI companion charges" refers to whatever number of traffic violations and driving-related crimes in Oregon that are commonly charged along with aDUI. Information technology's important to keep in mind that an arresting officeholder tin can accuse sure violations or crimes, and the District Attorney's Function can decide to non go forward on those charges. Notwithstanding, the opposite is also true: The Commune Attorney's Office tin can add violation or criminal charges that the officer did no arrest or cite you for.

Some of the more mutual violations associated with DUI are: Violation of Speed Limit, Devil-may-care Driving, Violation Of Open Container Police, Driving While Suspended (a misdemeanor often seen charged as a violation), and Refusal To Take A Jiff Test. Violations in Oregon are punishable by a fine, merely the court cannot impose probation, jail or prison time. Nonetheless, multiple convictions for certain violations can carry collateral consequences such equally increased insurance premiums, and the loss of driving privileges.

Aside from violations, many Oregon District Attorney's have begun charging other crimes with DUI. The most mutual additional charges are Reckless Driving and Reckless Endangering. These charges are oftentimes added even when a DUI case does not involve an accident. Sometimes the charges are based on a loftier BAC reading or the presence of passengers in the vehicle. These charges are misdemeanors and can carry the same or worse penalties than DUI (i.e. jail, probation, fines, etc). These charges tin too preclude drivers who would normally exist eligible for DUI diversion from entering the diversion program. Other charges that may exist added past the District Chaser when an accident is involved include "Hit and Run", felony "Hit and Run", and Criminal Mischief. For drivers that were driving on a suspended license at the time of a DUI, the charge of Driving While Suspended can exist charged as a misdemeanor or equally a violation.

Common DUI Companion Misdemeanor Charges

Oregon Revised Statute (ORS) 811.140. Reckless driving; penalties

(ane) 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 mode 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 department, reckless driving, is a Class A misdemeanor and is applicative upon any premises open up to the public.

Oregon Revised Statute (ORS) 163.195. Recklessly endangering another person

(ane) A person commits the crime of recklessly endangering another person if the person recklessly engages in behave which creates a substantial risk of serious physical injury to another person.
(two) Recklessly endangering another person is a Class A misdemeanor.

Oregon Revised Statute (ORS) 164.354. Criminal mischief in the 2d degree

(1) A person commits the crime of criminal mischief in the second degree if:
(a) The person violates ORS 164.345, and as a upshot thereof, amercement property in an amount exceeding $100; or

(b) Having no correct to practice then nor reasonable basis to believe that the person has such correct, the person intentionally damages property of another, or, the person recklessly damages property of some other in an amount exceeding $100.

(2) Criminal mischief in the second degree is a Class A misdemeanor.

Oregon Revised Statute (ORS) 811.700. Amercement to belongings, failure to commuter to perform duties; penalties

(1) A person commits the offense of failure to perform the duties of a driver when property is damaged if the person is the driver of any vehicle and the person does not perform duties required nether whatever of the following:
(a) If the person is the driver of any vehicle involved in an accident that results only in damage to a vehicle that is driven or attended by whatever other person the person must perform all of the following duties:

(A) Immediately end the vehicle at the scene of the accident or as close thereto as possible. Every end required under this subparagraph shall be made without obstructing traffic more than is necessary.

(B) Remain at the scene of the accident until the driver has fulfilled all of the requirements under this paragraph.

(C) Give to the other driver or passenger the proper noun and address of the driver and the registration number of the vehicle that the driver is driving and the name and address of whatsoever other occupants of the vehicle.

(D) Upon request and if available, exhibit and give to the occupant of or person attention any vehicle damaged the number of whatever documents issued as evidence of driving privileges granted to the commuter.

(b) If the person is the commuter of whatsoever vehicle that collides with any vehicle that is unattended, the person shall immediately stop and:

(A) Locate and notify the operator or owner of the vehicle of the name and accost of the driver and owner of the vehicle hitting the unattended vehicle; or

(B) Get out in a conspicuous identify in the vehicle struck a written notice giving the proper noun and accost of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.

(c) If the person is the commuter of any vehicle involved in an blow resulting only in damage to fixtures or property legally upon or adjacent to a highway, the person shall practice all of the following:

(A) Take reasonable steps to notify the owner or person in charge of the property of such fact and of the driver's name and address and of the registration number of the vehicle the driver is driving.

(B) Upon asking and if available, exhibit any document issued as official evidence of a grant of driving privileges to the driver.

(2) The law-breaking described in this section, failure to perform the duties of a driver when property is damaged, is a Grade A misdemeanor and is applicable on whatever premises open to the public.

Oregon Revised Statute (ORS) 811.705. Bodily injury, failure of driver to perform duties; penalties

(one) A person commits the offense of failure to perform the duties of a driver to injured persons if the person is the driver of any vehicle involved in an accident that results in injury or death to whatever person and does non do all of the post-obit:
(a) Immediately stop the vehicle at the scene of the blow or as close thereto as possible. Every finish required under this paragraph shall be made without obstructing traffic more than is necessary.

(b) Remain at the scene of the accident until the driver has fulfilled all of the requirements nether this subsection.

(c) Give to the other commuter or surviving rider or whatsoever person not a passenger who is injured as a result of the blow the proper name and address of the driver and the registration number of the vehicle that the commuter is driving and the name and address of any other occupants of the vehicle.

(d) Upon request and if available, exhibit and give to the persons injured or to the occupant of or person attending whatever vehicle damaged the number of whatsoever document issued as official evidence of a grant of driving privileges.

(e) Render to whatever person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such conveying is requested by any injured person.

(f) Remain at the scene of an accident until a police officer has arrived and has received the required data, if all persons required to be given data nether paragraph (c) of this subsection are killed in the blow or are unconscious or otherwise incapable of receiving the information. The requirement of this paragraph to remain at the scene of an blow until a constabulary officer arrives does not utilize to a driver who needs immediate medical intendance, who needs to leave the scene in gild to secure medical care for another person injured in the accident or who needs to leave the scene in order to written report the accident to the government, so long as the driver who leaves takes reasonable steps to return to the scene or to contact the nearest police agency.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection, the criminal offense described in this section, failure to perform the duties of a driver to injured persons, is a Class C felony and is applicable on any premises open to the public.

(b) Failure to perform the duties of a driver to injured persons is a Class B felony if a person suffers serious physical injury as defined in ORS 161.015 or dies equally a consequence of the accident.

Common DUI Companion Violation Charges

Oregon Revised Statute (ORS) 811.111. Violation of speed limit

(i) A person commits the law-breaking of violating a speed limit if the person:
(a) Drives a vehicle on an interstate highway at a speed greater than 65 miles per hour or, if a unlike speed is posted under ORS 810.180 (iii), at a speed greater than the posted speed.

(b) Notwithstanding paragraph (a) of this subsection, drives any of the post-obit vehicles at a speed greater than 55 miles per hour on any highway or, if a different speed is posted under ORS 810.180 (3), at a speed greater than the posted speed:

(A) A motor truck with a gross vehicle weight rating of more than 10,000 pounds or a truck tractor with a gross vehicle weight rating of more than than 8,000 pounds.

(B) A school double-decker.

(D) A worker transport bus.

(E) A bus operated for transporting children to and from church or an activity or function authorized by a church building.

(F) Any vehicle used in the transportation of persons for hire past a nonprofit entity every bit provided in ORS 825.017(9).

(c) Drives a vehicle or conveyance on any office of the body of water shore in this state at a speed greater than any of the following:

(A) Whatever designated speed for ocean shores that is established and posted under ORS 810.180.

(B) If no designated speed is posted under ORS 810.180, 25 miles per hour.

(d) Drives a vehicle upon a highway in any city at a speed greater than a speed posted by potency granted under ORS 810.180 or, if no speed is posted, the following:

(A) Fifteen miles per hr when driving on an alley or a narrow residential roadway.

(B) Twenty miles per hr in a business organisation district.

(D) Twenty-five miles per hour on a highway in a residence district if the highway is not an arterial highway.

(Due east) Sixty-five miles per hour on an interstate highway.

(F) Fifty-5 miles per hour in locations non otherwise described in this paragraph.

(e) Drives a vehicle in a school zone at a speed greater than 20 miles per hour if the schoolhouse zone is:

(A) A segment of highway described in ORS 801.462 (1)(a) and:

(i) The schoolhouse zone has a flashing light used as a traffic command device and operated under ORS 811.106 and the flashing calorie-free indicates that children may be arriving at or leaving school; or

(two) If the schoolhouse zone does not accept a flashing light used equally a traffic control device, the person drives in the school zone between vii a.k. and 5 p.m. on a day when schoolhouse is in session.

(B) A crosswalk described in ORS 801.462 (1)(b) and:

(i) A flashing calorie-free used equally a traffic control device and operated under ORS 811.106 indicates that children may be arriving at or leaving school; or

(two) Children are present, as described in ORS 811.124.

(2) The criminal offense described in this department, violating a speed limit, is punishable as provided in ORS 811.109.

Oregon Revised Statute (ORS) 811.135. Careless driving; penalties

(1) A person commits the law-breaking of careless driving if the person drives whatsoever 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.
(two) The law-breaking described in this section, careless driving, applies on any premises open to the public and is a Grade B traffic violation unless committee of the crime contributes to an accident. If commission of the offense contributes to an accident, the criminal offence is a Grade A traffic violation.

Oregon Revised Statute (ORS) 811.170. Open container violations; penalties

(1) A person commits the criminal offense of violation of the open container police in a motor vehicle if the person does whatsoever of the following:
(a) Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a highway.

(b) Possesses on ane'southward person, while in a motor vehicle upon a highway, whatsoever bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed.

(c) Keeps in a motor vehicle when the vehicle is upon whatsoever highway, any bottle, can or other receptacle containing whatsoever alcoholic liquor, which has been opened, or a seal cleaved, or the contents of which have been partially removed. The following apply to this paragraph:

(A) This paragraph applies only to the registered possessor of any motor vehicle or, if the registered possessor is not then present in the vehicle, to the commuter of the vehicle.

(B) This paragraph does not utilise if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in another area of the vehicle not normally occupied by the driver or passengers if the vehicle is non equipped with a trunk.

(C) For purposes of this paragraph, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers.

(D) This paragraph does not apply to the living quarters of a camper or motor home.

(2) The offense described in this section does non apply to passengers in a motor vehicle operated by a common carrier and used primarily to bear passengers for rent.

(three) The offense described in this department, violation of the open container law in a motor vehicle, is a Grade B traffic violation.

Oregon Revised Statute (ORS) 811.175. Driving while privileges suspended or revoked; penalties

(ane) A person commits the offense of violation driving while suspended or revoked if the person does whatever of the post-obit:
(a) Drives a motor vehicle upon a highway during a period when the person'due south driving privileges or correct to utilize for driving privileges accept been suspended or revoked in this state by a court or past the Department of Transportation.

(b) Drives a motor vehicle outside the limitations of a probationary permit issued under ORS 807.270 or a hardship driver permit issued nether ORS 807.240, including any limitations placed on the allow under ORS 813.510.

(c) Drives a commercial motor vehicle upon a highway during a period when the person'south commercial commuter license has been suspended, regardless of whether or non the person has other driving privileges granted by this state.

(2) Affirmative defenses to the criminal offence described in this section are established under ORS 811.180.

(3) The offense described in this section is applicable upon any premises open to the public.

(4) The offense described in this section, violation driving while suspended or revoked, is a Grade A traffic violation except every bit otherwise provided in ORS 811.182.