Salem Oregon DUII - Traffic Crimes - Criminal Defense -

Being charged with a traffic crime is serious, and the consequences of a conviction can last your entire life.  A conviction for a traffic crime can never be “expunged,” or removed from your record.  Depending on the facts and circumstances of the case, consequences of conviction can include jail or prison, driver license suspension, punitive fines, restitution for property damaged, lengthy probationary terms, insurance ramifications, and other significant consequences.  This area of the law has become increasingly complex, and the applicable laws and consequences can change quickly.  Our firm specializes in defending traffic crime cases, and we take great pride in the level of representation we provide our clients.

 Salem DUIIDriving Under the Influence of Intoxicants (DUII) Visit our separate website www.SalemDUI.com for complete information

A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

 (a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;

 (b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or

 (c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

 A person is under the influence of intoxicating liquor or a controlled substance when the person's physical or mental facilities are adversely affected to a noticeable or perceptible degree.

 Reckless Driving

A person commits the offense of reckless driving if the person recklessly drives a vehicle in a manner that endangers the safety of persons or property.  “Recklessly” 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.  Reckless driving is a Class A misdemeanor and is applicable upon any highway or premises open to the public.

Recklessly Endangering Another Person

A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.  “Recklessly” 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.  Recklessly endangering another person is a Class A misdemeanor.

Failure to Perform Duties of Driver When Property is Damaged

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, 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 public highway or premises open to the public.

 Failure to Perform Duties of Driver to Injured Persons

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.

 Assault in the Fourth Degree

A person commits the crime of assault in the fourth degree if the person: (a) intentionally, knowingly or recklessly causes physical injury to another; or (b) with criminal negligence causes physical injury to another by means of a deadly weapon.  Assault in the fourth degree is a Class A misdemeanor.

 Assault in the Third Degree

A person commits the crime of assault in the third degree if the person: (a) recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; or (c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life. Assault in the third degree under subsection is a Class B felony if the assault resulted from the operation of a motor vehicle and the defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

 Assault in the Second Degree

A person commits the crime of assault in the second degree if the person: (a) intentionally or knowingly causes serious physical injury to another; (b) intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or (c) recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.  Assault in the second degree is a Class B felony.

  

 


Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
(503) 378-7744, (503) 378-1013 Fax

NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon.
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
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Crimial Defense services in Marion County, Polk County, and Linn County, Oregon