2017 ORS 811.140¹
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 (Definitions with respect to culpability).

(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]

Notes of Decisions

Under Former Similar Statute

Evidence that defendant was driving while intoxicated, although he was not so charged, together with evidence of several near-misses with parked cars and oncoming traffic was sufficient to allow trial court to conclude defendant’s driving was reckless. State v. Griffin, 55 Or App 849, 640 P2d 629 (1982), Sup Ct review denied

In General

Statutory protec­tions against former jeopardy are not violated where in single pro­ceed­ing defendant is acquitted by jury of crime and then convicted by court of lesser included of­fense that jury cannot try. State v. Cuffee, 87 Or App 293, 742 P2d 637 (1987); State v. Darlin, 122 Or App 172, 857 P2d 859 (1993)

Careless driving is lesser included of­fense of reckless driving. State v. Cuffee, 87 Or App 293, 742 P2d 637 (1987)

Court erred by instructing jury that term “recklessly” includes driving while under influence of intoxicants where effect of instruc­tion was to direct jury to find defendant guilty of reckless driving upon finding defendant guilty of DUII. State v. Luke, 104 Or App 541, 802 P2d 672 (1990)

Finding that driving “endangered” safety of others or prop­erty does not require direct evidence of manner in which defendant actually drove vehicle. State v. Smith, 218 Or App 568, 180 P3d 148 (2008)

Chapter 811

See also annota­tions under ORS chapter 483 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

A party in viola­tion of a motor vehicle statute is neg­li­gent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent per­son under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Cita­tions

Under Former Similar Statute

10 WLJ 207 (1974)

1 Legislative Counsel Committee, CHAPTER 811—Rules of the Road for Drivers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors811.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 811, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano811.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.