Failure to perform duties of driver to injured persons
- penalty
Source:
Section 811.705 — Failure to perform duties of driver to injured persons; penalty, https://www.oregonlegislature.gov/bills_laws/ors/ors811.html
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Notes of Decisions
Under former similar statute
Failure to remain at scene of accident may or may not be excused, depending upon reasonableness of driver’s apprehension of danger and seriousness of accident, and this is question of fact to be submitted to trier of fact. State v. Burris, 10 Or App 297, 500 P2d 265 (1972)
Failure to perform duties of driver at scene of accident which resulted in death of person is state traffic offense and therefore not expungeable. State v. Greer, 26 Or App 605, 553 P2d 1087 (1976)
To establish implicit requirement that defendant acted knowingly, state must show that defendant knew, or can be inferred to have known, that accident was likely to have involved injury or death to another person. State v. Corpuz, 49 Or App 811, 621 P2d 604 (1980)
It was proper to separately sentence for assault (ORS 163.175) and failure to perform duties of driver involved in an accident since knowingly leaving accident scene was not part of reckless activity which resulted in assaults but was intended to accomplish separate result. State v. Lopez, 56 Or App 179, 641 P2d 596 (1982), Sup Ct review denied
In general
If person knows that person has been in accident, culpability for failure to perform duties of driver is established if person acts intentionally, knowingly, recklessly or with criminal negligence. State v. Van Walchren, 112 Or App 240, 828 P2d 1044 (1992), Sup Ct review denied
Although charging instrument in prosecution under this section alleged that “medical and surgical treatment...was necessary,” it pleaded complete defense that victim died immediately because nothing could have been done to preserve victim’s life. State v. Burton, 114 Or App 84, 834 P2d 477 (1992)
Requirement to remain at scene and give nonincriminatory information does not create compelling circumstances equivalent to custodial situation. State v. Larson, 141 Or App 186, 917 P2d 519 (1996), Sup Ct review denied
Person must have culpable mental state to commit offense of failure to performduties of driver to injured persons. State v. Hamlett, 235 Or App 72, 230 P3d 92 (2010)
Culpability for offense of failure to perform duties of driver to injured person is established if person acts with culpable mental state. State v. Hamlett, 235 Or App 72, 230 P3d 92 (2010)
Each injured person for whom defendant fails to render reasonable assistance is separate victim. State v. Moncada, 241 Or App 202, 250 P3d 31 (2011), Sup Ct review denied
Where defendant injured two persons when driving through pile of leaves in roadway but did not learn of injuries until later, this section does not require defendant to return to scene of accident. State v. Garcia-Cisneros, 285 Or App 252, 397 P3d 49 (2017), Sup Ct review denied