OREGON RECKLESS DRIVING GUIDE   |   OREGON DUII GUIDE
OREGON RECKLESS DRIVING LAWS


David N Lesh

Oregon Reckless Driving Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today to speak with Mr. Lesh about your reckless charge
 
(503) 546-2928
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WHAT IS CARELESS DRIVING IN OREGON? 

    ORS 811.135 Careless driving; penalty.

   (1) A person commits the offense of careless driving if the person drives any 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.   

   (2) The offense described in this section, careless driving, applies on any premises open to the public and is a Class B traffic violation unless commission of the offense contributes to an accident. If commission of the offense contributes to an accident, the offense is a Class A traffic violation.

    (3) In addition to any other penalty imposed for an offense committed under this section, if the court determines that the commission of the offense described in this section contributed to the serious physical injury or death of a vulnerable user of a public way, the court shall:

    (a) Impose a sentence that requires the person to:

    (A) Complete a traffic safety course; and

    (B) Perform between 100 and 200 hours of community service, notwithstanding ORS 137.129. The community service must include activities related to driver improvement and providing public education on traffic safety;

    (b) Order, but suspend on the condition that the person complete the requirements of paragraph (a) of this subsection:

    (A) A fine of up to $12,500, notwithstanding ORS 153.018; and

    (B) A suspension of driving privileges for one year as provided in ORS 809.280; and

    (c) Set a hearing date up to one year from the date of sentencing.

    (4) At the hearing described in subsection (3)(c) of this section, the court shall:

    (a) If the person has successfully completed the requirements described in subsection (3)(a) of this section, dismiss the penalties ordered under subsection (3)(b) of this section; or

    (b) If the person has not successfully completed the requirements described in subsection (3)(a) of this section:

    (A) Grant the person an extension based on good cause shown; or

    (B) Order the penalties under subsection (3)(b) of this section.

    (5) When a court orders a suspension under subsection (4) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280.

    (6) The police officer issuing the citation for an offense under this section shall note on the citation if the cited offense appears to have contributed to the serious physical injury or death of a vulnerable user of a public way. [1983 c.338 §570; 1995 c.383 §20; 2007 c.784 §3; 2011 c.355 §11; 2011 c.423 §1]

POSSIBLE OREGON CARELESS DRIVING SENTENCE
A fine and very rarely a suspension

WHAT IS RECKLESS DRIVING IN OREGON? 

   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.

    (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]

POSSIBLE OREGON RECKLESS DRIVING SENTENCE
Probation Usually
Jail Sometimes
License Suspension 90 days or more

 

   ORS 809.411 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 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. 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.

    * * * * *

 

   (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.

   * * * * *

   ORS 809.428 Schedule of suspension or revocation periods for certain offenses.  This section establishes schedules of suspension or revocation periods. The schedules are applicable upon conviction for the offense when made applicable under ORS 809.411 and 813.400. The schedules are as follows:

   (1) Schedule I. The suspension or revocation periods under Schedule I are as provided in this subsection. The period of suspension or revocation under this schedule shall be:

   (a) Ninety days for a first offense or for any offense not described in paragraph (b) or (c) of this subsection.

   (b) One year for a second offense, where the commission of the second offense and a conviction for a separate offense occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

   (c) Three years for a third or subsequent offense where the commission of the third or subsequent offense and two or more convictions for separate offenses occur within a five-year period. This paragraph applies to any combination of offenses for which the length of suspension is determined under this subsection.

 

WHAT IS SPEED RACING IN OREGON?

 

   ORS 811.125 Speed racing on highway; penalty. (1) A person commits the offense of speed racing on a highway if, on a highway in this state, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:

 

      (a) A speed competition or contest.

      (b) An acceleration contest.

      (c) A test of physical endurance.

      (d) An exhibition of speed or acceleration.

      (e) The making of a speed record.

      (f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.

      (g) A drag race. For purposes of this paragraph, drag racing is the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

 

      (2) The offense described in this section, speed racing on a highway, is a Class A traffic violation and is applicable on any premises open to the public. [1983 c.338 §568; 1985 c.16 §287]

 

   ORS 811.127 Organizing a speed racing event; penalty. (1) Except as provided in subsection (3) of this section, a person commits the offense of organizing a speed racing event if the person in any manner organizes a speed racing event.

 

      (2) As used in this section, “speed racing event” means an event that:

      (a) Is preplanned and coordinated and involves two or more vehicles;

      (b) Includes any of the activities described in ORS 811.125 (1); and

      (c) Takes place on a highway.

 

      (3) A person who organizes a speed racing event is not in violation of this section if the person has a permit from the road authority for the highway on which the event takes place.

 

      (4) The offense described in this section, organizing a speed racing event, is a Class C felony. [2003 c.550 §2]

 

 

Reckless and careless driving charges are often seen with DUI charges.



"I defend and help people facing reckless driving charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your reckless case."

Twenty nine years as an Oregon attorney
Former Multnomah County prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
Highly Rated


"Should you hire me to represent you, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
I personally respond to your phone calls and emails; I meet with you; I appear with you in court."



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David Lesh provides Oregon reckless driving defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.