RECKLESS DRIVING GUIDE | OREGON DUII GUIDE | ||
|
ORS 811.700 Failure to perform duties of driver (FPDD) when property is damaged; penalty.
(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 under any 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
any other person the person must perform all of the following duties:
(A) Immediately stop the vehicle at the scene of the accident or as
close thereto as possible. Every stop 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 name and address of the
driver and the registration number of the vehicle that the driver 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 occupant of
or person attending any vehicle damaged the number of any documents
issued as evidence of driving privileges granted to the driver.
(b) If the person is the driver of any vehicle that collides with any
vehicle that is unattended [i.e. a parked car], the person shall immediately stop and:
(A) Locate and notify the operator or owner of the vehicle of the name
and address of the driver and owner of the vehicle striking the
unattended vehicle; or
(B) Leave in a conspicuous place in the vehicle struck a written notice
giving the name and address 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 driver of any vehicle involved in an accident
resulting only in damage to fixtures or property legally upon or
adjacent to a highway, the person shall do 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 request and if available, exhibit any document issued as
official evidence of a grant of driving privileges to the driver.
(2) The offense described in this section, failure to perform the duties
of a driver when property is damaged, is a Class A misdemeanor and is
applicable on any premises open to the public. [1983 c.338 §572]
ORS 811.705 Failure to perform duties of driver (FPDD) to injured persons; penalty.
(1) 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 any person
and does not do all of the following:
(a) Immediately stop the vehicle at the scene of the accident or as
close thereto as possible. Every stop 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 under this subsection.
(c) Give to the other driver or surviving passenger or any person not a
passenger who is injured as a result of the accident the name and
address of the driver and the registration number of the vehicle that
the driver 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 any vehicle damaged
the number of any document issued as official evidence of a grant of
driving privileges.
(e) Render to any 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 information, if all persons
required to be given information under paragraph (c) of this subsection
are killed in the accident or are unconscious or otherwise incapable of
receiving the information. The requirement of this paragraph to remain
at the scene of an accident until a police officer arrives does not
apply to a driver who needs immediate medical care, who needs to leave
the scene in order to secure medical care for another person injured in
the accident or who needs to leave the scene in order to report the
accident to the authorities, 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 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 as a result of the accident. [1983 c.338 §573; 1993
c.621 §1; 2001 c.919 §1]
ORS 811.706 Money damages resulting from violation of ORS 811.700 or 811.705.
When a person is convicted of violating ORS 811.700 or 811.705, the
court, in addition to any other sentence it may impose, may order the
person to pay an amount of money equal to the amount of any damages
caused by the person as a result of the incident that created the duties
in ORS 811.700 or 811.705. [1995 c.782 §2]
Note:
811.706 was enacted into law by the Legislative Assembly but was not
added to or made a part of the Oregon Vehicle Code or any chapter or
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. ORS 811.707 Crime classification for violation of ORS 811.705.
The Oregon Criminal Justice Commission shall classify the crime of
failure to perform the duties of a driver to injured persons as crime
category 8 of the sentencing guidelines grid of the commission if a
person suffers serious physical injury as defined in ORS 161.015 or dies
as a result of the accident that forms the basis of the conviction.
[2001 c.919 §2]
Note:
811.707 was enacted into law by the Legislative Assembly but was not
added to or made a part of the Oregon Vehicle Code or any chapter or
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. ORS 811.710 Failure to perform duties of driver when animal is injured; penalty.
(1) A person commits the offense of failure to perform the duties of a
driver when an animal is injured if the person knowingly strikes and
injures a domestic animal and the person does not do all of the
following:
(a) Stop at once.
(b) Make a reasonable effort to determine the nature of the animal’s
injuries.
(c) Give reasonable attention to the animal.
(d) Immediately report the injury to the animal’s owner.
(e) If unable to contact the owner of the animal, notify a police
officer.
(2) The requirements under this section for a driver to stop and attend
an injured animal depend on the traffic hazards then existing.
(3) The offense described in this section, failure to perform the duties
of a driver when an animal is injured, is a Class B traffic violation.
[1983 c.338 §574] ORS 809.409 Revocation for conviction of a crime [applies to felony hit and run].
(1)(a) Upon receipt of a record of conviction of
an offense described in this section, the Department of
Transportation shall revoke the driving privileges of the person
convicted.
(b) A person is
entitled to administrative review under ORS 809.440 of a revocation
under this section.
(c) Except as
otherwise provided in subsections (2) and (3) of this section, the
revocation shall be for a period of one year from the date of
revocation, except that the department may not reinstate driving
privileges of any person whose privileges are revoked under this
section until the person complies with future
* * * * *
(3) (a) Except as
provided in paragraphs (b) and (c) of this subsection, the
department shall take action under subsection (1) of this section
upon receipt of a record of conviction of failure to perform the
duties of a driver to injured persons under ORS 811.705.
(b) The
department shall revoke driving privileges under this subsection for
a period of three years if the court indicates on the record of
conviction that a person sustained serious physical injury, as
defined in ORS 161.015, as a result of the accident.
The person may apply for reinstatement of privileges three
years after the date the person was released from incarceration, if
the sentence includes incarceration. If the sentence does not
include incarceration, the person may apply for reinstatement three
years from the date the revocation was imposed under this
subsection.
(c) The
department shall revoke driving privileges under this subsection for
a period of five years if the court indicates on the record of
conviction that a person was killed as a result of the accident. The
person may apply for reinstatement of privileges five years after
the date the person was released from incarceration, if the sentence
includes incarceration. If the sentence does not include
incarceration, the person may apply for reinstatement five years
from the date the revocation was imposed under this subsection. ORS 809.411 Suspension for conviction of crime [applies to misdemeanor hit and run].
(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.
(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.
* * * * * 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:
Failure to perform the duties of a driver is what "hit and run" is called in the Oregon Revised Statutes. Some states refer to the crime as hit and skip. The charge is a misdemeanor if only property is damaged. If a person is killed or injured, failure to perform the duites of a driver is a felony.
|
About the Author: David Lesh is a Portland attorney emphasizing the defense of serious criminal charges. He has been a member of the Oregon State Bar since 1990. Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years). He was named an Oregon Super Lawyer in each year from 2018 - 2024. His law practice has an A+ BBB rating. |
Office Location: 434 NW 19th Avenue; Portland, OR 97209 Phone: 503.546.2928 | Fax: 503.296.2935 Email: info @ davidlesh.net (no spaces) Privacy Policy |
"I defend and help people facing hit and run charges in the Portland metro area. Call me today at 503.546.2928 for immediate assistance with your hit and run case." |
"David is extremely knowledgeable and an expert in the courtroom."
W. Mitchell |
Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship. Consult qualified Oregon assault lawyers / attorneys for advice about any specific charge that you face. Oregon defense lawyers are governed by the Oregon Code of Professional Responsibility. This website may be considered an advertisement for services under the Code of Professional Responsibility. Information contained in this website is believed to be accurate but is not guaranteed or warranted in any way. By David N Lesh, info@davidlesh.net. All reviews and testimonials on this site are real and were unsolicited.
David Lesh provides Oregon hit and run 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 2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007. |