Experienced Oregon Criminal and DUII Defense Lawyer

Tag Archives: Reckless Endangering

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Experienced Eugene Oregon Criminal Drunk Driving Lawyer / Attorney

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541.345.4500

Eugene Oregon Criminal

Defense Lawyer / Attorney

 

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541.345.4500

Eugene Oregon Criminal

Defense Lawyer / Attorney

Eugene, Oregon is the county seat of Lane County, and the Lane County Circuit Court.  Eugene, Oregon is also the location of the Duvall Law Office.  The Duvall Law Office represents those accused of all criminal offenses including Driving Under the Influence of Intoxicants (aka DWI, DUI, DUII or Drunk Driving), other driving crimes, as well as Measure 11 offenses including assault and abuse.

In Driving Under the Influence of Intoxicants (aka DWI, DUI, DUII or Drunk Driving) cases, blood alcohol tests play an important role.  One of many Oregon DUII laws discussing the admissibility of blood alcohol test admissibility is ORS 813.300:

“Use of blood alcohol percentage as evidence

  • • percentage required for being under the influence

(1) At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person driving a motor vehicle while under the influence of intoxicants, if the amount of alcohol in the persons blood at the time alleged is less than 0.08 percent by weight of alcohol as shown by chemical analysis of the persons breath or blood, it is indirect evidence that may be used with other evidence, if any, to determine whether or not the person was then under the influence of intoxicants.

(2) Not less than 0.08 percent by weight of alcohol in a persons blood constitutes being under the influence of intoxicating liquor.

(3) Notwithstanding subsection (2) of this section, for purposes of the Motorist Implied Consent Law as defined in ORS 801.010 (Short title), for a person who is under 21 years of age, any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor.

(4) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or based upon grams of alcohol per 210 liters of breath. [1983 c.338 §590; 1985 c.16 §297; 1989 c.715 §7; 1991 c.860 §8; 2011 c.260 §1]”

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Eugene Oregon Criminal

Defense Lawyer / Attorney

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Eugene Oregon Criminal Defense & DUII Lawyer / Attorney – Driving License Suspension

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541.345.4500

Eugene Oregon Criminal

Defense Lawyer / Attorney

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541.345.4500

Eugene Oregon Criminal

Defense Lawyer / Attorney

The Duvall Law Office is based in Eugene, Oregon, and represents people charged with driving crimes in the Eugene / Springfield area, and throughout the state of Oregon.  If you are seeking an experienced Eugene, Oregon, criminal and/or driving offense lawyer (including driving under the influence of intoxicants – aka DUII, DUI, DWI or drunk driving), call now for an appointment.

Many Oregon driving licenses suspensions are listed in ORS 809.411, which is set forth here:

“Suspension for conviction of crime

(1)(a) Upon receipt of a record of conviction for an offense described in this section, the Department of Transportation shall suspend the driving privileges of the person convicted.

(b) A person is entitled to administrative review under ORS 809.440 (Hearing and administrative review procedures) of a suspension under this section.

(c) Except as otherwise provided in subsections (7), (8), (9) and (10) of this section, the suspension shall be for the period of time described in Schedule I of ORS 809.428 (Schedule of suspension or revocation periods for certain offenses). The department may not reinstate driving privileges of any person whose privileges are suspended under subsection (2), (3), (4), (5), (6), (7) or (10) of this section until the person complies with future responsibility filings. There is no requirement of compliance with future responsibility filings if the person was suspended under subsection (8) or (9) of this section.

(2) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle.

(3) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless driving under ORS 811.140 (Reckless driving).

(4) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of failure to perform duties of a driver when property is damaged under ORS 811.700 (Failure to perform duties of driver when property is damaged).

(5) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of fleeing or attempting to elude a police officer under ORS 811.540 (Fleeing or attempting to elude police officer).

(6) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of reckless endangerment of highway workers under ORS 811.231 (Reckless endangerment of highway workers) (1).

(7) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of theft under ORS 164.043 (Theft in the third degree), 164.045 (Theft in the second degree) or 164.055 (Theft in the first degree) when the theft was of gasoline. A suspension under this subsection shall continue for a period of six months from the date of suspension.

(8) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of criminal trespass under ORS 164.245 (Criminal trespass in the second degree) that involves the operation of a motor vehicle. A suspension under this subsection shall continue for a period of six months from the date of suspension.

(9) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of an offense described in ORS 809.310 (Cancellation or suspension of driving privileges). A suspension under this subsection shall continue for a period of one year from the date of the suspension.

(10)(a) The department shall take action under subsection (1) of this section upon receipt of a record of conviction of assault in the second, third or fourth degree resulting from the operation of a motor vehicle.

(b) A person who is convicted of assault in the second degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges eight years from the date the department suspended the privileges under this subsection.

(c) A person who is convicted of assault in the third degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges five years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges five years from the date the department suspended the privileges under this subsection.

(d) A person who is convicted of assault in the fourth degree and whose driving privileges are suspended under this subsection may apply for reinstatement of driving privileges one year from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges one year from the date the department suspended the privileges under this subsection.”

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541.345.4500

Eugene Oregon Criminal

Defense Lawyer / Attorney

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Experienced Eugene Oregon Criminal & Drunk Driving Lawyer / Attorney Expert at DUII Diversion Eligibility

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Most people in Oregon charged with drunk driving (aka, Driving Under the Influence of Intoxicants, DUII, DUI, DWI), who are eligible for Oregon’s DUII diversion program, are interested in participating in it. Oregon’s drunk driving diversion program results in the DUII charge being dismissed after successful completion of the program. One of the eligibility requirements that one must meet for the court to allow one into this DUII program is that the person charged with drunk driving must not have participated in a DUII diversion program or a similar rehabilitative program within the last 15 years. This raises the question, what is a “similar program” as referred to in the Oregon Revised Statutes? The Oregon Court of Appeals in a case called State v. Bentley, addressed this issue in 2010. In that case, the Oregon Court of Appeals stated: “[W]e conclude that an essential characteristic of DUII diversion is that a defendant is required by a governmental actor to participate in a rehabilitation program in order to avoid a substantial adverse consequence.” This presupposes that one is able to identify whether a prior program was a “rehabilitation” program. It also presupposes that one is able to distinguish an adverse consequence from a “substantial adverse consequence.” Oregon criminal defense lawyers who represent people charged with the crime of Driving Under the Influence of Intoxicants, regularly grapple with these, and other similar questions. However, because the Oregon DUII diversion program provides a client with such a significant benefit, it is worth the time and effort to confirm whether one is eligible to resolve their drunk driving case in this manner.

 

The Duvall Law Office represents individuals charged with all criminal offenses throughout the state of Oregon. This includes charges as serious as Measure 11 offenses, and charges as slight as Class C misdemeanors. We represent individuals charged with both Felony DUII and Misdemeanor DUII, as well as related offenses. Our office also has considerable experience representing people accused of Domestic Violence and Domestic Abuse charges (Assault, Menacing, Harassment, Stalking, Strangulation, Coercion). Please contact our office if you would like to schedule an appointment to discuss your case. We appear regularly in Lane County Circuit Court, Eugene Municipal Court and Springfield Municipal Court. We appear quite often in Benton County Circuit Court in Corvallis, Linn County Circuit Court in Albany, and Douglas County Circuit Court in Roseburg. We also regularly appear in the surrounding communities of Cottage Grove, Florence, Junction City and Coburg. Please contact our office at 541-345-4500.

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Eugene Oregon Criminal, Reckless Driving, Drunk Driving Lawyer

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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.

 

 

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Lesson 11: From an Oregon DUII (Driving under the influenceof Intoxicants, aka DUI, DWI, Drunk Driving) Lawyer

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An Oregon DUI attorney often sees other traffic crimes charged along with the charge of DUI (aka Driving Under the Influence, DWI, DUII, drunk driving conviction). It is not uncommon for an officer to also arrest an alleged drunk driver for Reckless Driving, Reckless Endangering Another Person, and/or Failure to Perform the Duties of a Driver Involved in a Property Accident, or Failure to Perform the Duties of a Driver Involved in an Injury Accident. These last two charges are commonly called “Hit and Run” offenses.

Reckless Driving would involve an allegation that the alleged DUI driver’s behavior put persons or property in significant danger by way of the driver being aware of and then consciously disregarding a substantial and unjustifiable risk that persons or property would be damaged or injured.

Recklessly Endangering Another Person could arise out of an officer believing that a passenger in the driver’s vehicle was endangered by the driver’s actions, or, for example, that an officer believing that a pedestrian or other driver was endangered by the individual the officer arrested for DUI.

Hit and Run offenses speak for themselves. But it is important to note that in order to be guilty of Hit and Run, the driver would have to have been aware that an accident had occurred (i.e., that the vehicle came into contact with a person or property). While an officer may or may not initially charge the DUII suspect with one of these other traffic crimes at the time of the arrest, it is the prosecutor reviewing the case who determines what additional traffic crime or crimes, if any, should be filed. So when a prosecutor reviews a police report in a DUI case, he or she will also look to determine whether any offenses such as Reckless Driving, Recklessly Endangering Another Person, Hit and Run or any other traffic crime occurred.

If an individual was injured, we often will see a prosecutor file an assault. Oregon has four different levels of assault: Assault in the First Degree, Assault in the Second Degree, Assault in the Third Degree and Assault in the Fourth Degree. The first three assault charges are felonies, the last is usually a misdemeanor. Obviously, an allegation of assault accompanying a drunk driving charge is a significant issue to be carefully evaluated by an experience Oregon criminal DUII defense attorney.

If you are facing a felony or misdemeanor DUII (Driving Under the Influence, DWI, DUI, drunk driving conviction) charge, you should speak to an experienced Oregon DUII lawyer. The Duvall Law Office represents individuals charged with felony and misdemeanor DUI throughout the state, particularly in Lane County, where we have Lane County Circuit Court, Eugene Municipal Court, Springfield Municipal Court, other municipal courts. We also represent people in the surrounding counties of Benton County Circuit Court, Linn County Circuit Court, and Douglas County Circuit Court. Please contact the Duvall Law Office to schedule an appointment to discuss your case: 541-345-4500.