Reckless Driving is a crime. The maximum penalty for a Reckless Driving conviction is one year in jail and a $6,250 fine. It is also accompanied by a mandatory 90 day Oregon driver’s license suspension. A Careless Driving conviction is not a crime, it is a traffic violation. One cannot be put in jail for being convicted of Careless Driving, and there is no usually no automatic driver’s license suspension. There are circumstances in which a Careless Driving conviction can result in a suspension, but generally speaking, it is not something that the court is required to impose after a Careless Driving conviction. The term “recklessly” is defined in Oregon law in ORS 161.085(9). The definition reads as follows: “Recklessly, when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. 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.”
Oftentimes an attorney representing someone on a drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DWI) charge is able to negotiate with the prosecutor to dismiss or reduce a charge of Reckless Driving or Careless Driving. Additionally, in certain courts, the prosecutor might be persuaded to allow the individual to do a diversion agreement which would allow those charges to be dismissed if they accompany a DUII. Such a diversion might run alongside an Oregon DUII Diversion Agreement.
The Duvall Law Office regularly represents individuals charged with Reckless Driving and Careless Driving. Oftentimes these are accompanied by a drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DWI) charge, other times, they are simply filed on their own. It is important to hold the prosecution to the standard that must be established beyond a reasonable doubt if one is accused of the crime of Reckless Driving. We aim to do that. We represent individuals on felony DUII and misdemeanor DUII as well as related charges including Reckless Driving, Reckless Endangering Another Person, Reckless Endangerment, Hit and Run, Failure to Perform the Duties of a Driver Involved in an Accident, and related accompanying charges on a regular basis. We appear frequently in Lane County Circuit Court, Eugene Municipal Court, Springfield Municipal Court and other municipal courts in the area including those in Cottage Grove, Florence, Coburg and Junction City. And we appear in Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, and Douglas County Circuit Court in Roseburg. Please contact our office if you would like to schedule an appointment to discuss your case: 541-345-4500.