Many traffic crimes that often accompany Oregon DUI charges require that the driver acted “recklessly.” For example, assault, and it goes without saying that Reckless Driving and Recklessly Endangering Another Person, fall into this category. Oregon Driving Under the Influence of Intoxicants (aka DUI, DWI, Driving While Intoxicated, DUII and “drunk driving”) attorneys are required to evaluate whether a client drove recklessly.
The Oregon State Bar Association publishes the Uniform Criminal Jury Instructions. Here is how it defines “Recklessly”:
“UCrJI No. 1037
A person acts recklessly if that person is aware of and consciously disregards a substantial and unjustifiable risk that a particular 1A/1B . The risk must be of such nature and degree that disregarding it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
When used in the phrase [quote material element from definition of relevant offense], “recklessly” means that person is aware of and consciously disregards a substantial and unjustifiable risk that 2A/2B . The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
[Recklessness is also established if a person acts intentionally or knowingly.]
1A result will occur
1B circumstance exists
2A [specify result that will occur]
2B [specify circumstance that exists]”
Reckless traffic crimes are charged in all Oregon circuit and municipal courts. The Duvall Law Office regularly defends against traffic crimes requiring that prosecutors prove the driver acted recklessly. These include Springfield, Eugene, Cottage Grove, Florence, Junction City, Corvallis, Albany, Roseburg and Coburg. If you are facing a DUI charge anywhere in Oregon and would like to discuss your case with an experienced dui criminal defense lawyer, contact the Duvall Law office to schedule an appointment at 541.345.4500. If any of your charges involve an allegation that you drove recklessly, we will discuss the circumstances of your case and consider whether we agree.