811.100
Violation of basic speed rule; penalty. (1) A person commits the offense of violating the
basic speed rule if the person drives a vehicle upon a highway at a speed
greater than is reasonable and prudent, having due regard to all of the
following:
(a) The traffic.
(b) The surface
and width of the highway.
(c) The hazard at
intersections.
(d) Weather.
(e) Visibility.
(f) Any other
conditions then existing.
(2) The following
apply to the offense described in this section:
(a) The offense
is as applicable on an alley as on any other highway.
(b) Speeds that
are prima facie evidence of violation of this section are established by ORS
811.105.
(c) This section
and ORS 811.105 establish limitation on speeds that are in addition to speed
limits established in ORS 811.111.
(3) Except as
provided in subsection (4) of this section, violation of the basic speed rule
by exceeding a designated speed posted under ORS 810.180 is punishable as
provided in ORS 811.109.
(4) The offense
described in this section, violating the basic speed rule, is a Class B traffic
violation if the person drives a vehicle upon a highway at a speed that is not
reasonable and prudent under the circumstances described in subsection (1) of this
section even though the speed is lower than the appropriate speed specified in
ORS 811.105 as prima facie evidence of violation of the basic speed rule. [1983
c.338 §563; 1987 c.887 §9; 1989 c.592 §4; 1991 c.728 §5; 1999 c.1051 §229; 2003
c.819 §5]
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1986–2024 · leading case:
Stokes v. Lundeen, 7 P.3d 586 (Or. Ct. App. 2000).
Stokes v. Lundeen, 7 P.3d 586 (Or. Ct. App. 2000).
· cites it 9× “105(2)(c)(A) (1995) provides, in part: “Any speed in excess of any of the following designated speeds is prima facie evidence of violation of the basic speed rule under ORS 811.100: «* * * * * “(c) Twenty miles per hour when passing school grounds or a school crosswalk * * *…”
State v. Weber, 19 P.3d 378 (Or. Ct. App. 2001).
· cites it 6× “Defendant appeals a judgment of conviction for speeding, ORS 811.100, based on a citation issued pursuant to the photo radar statute, ORS 810.”
State v. Chipman, 31 P.3d 478 (Or. Ct. App. 2001).
“In Totsky, the citation contains a reference to ORS 811.100 (the basic speed *290 rule), and to “DUII,” but the record also contains an information charging intoxication by marijuana and alcohol.”
State v. Nelson, 792 P.2d 486 (Or. Ct. App. 1990).
“ORS 811.100. 2 Evidence of identity would be relevant to the offense of providing false information to a police officer.”
State v. Wever, 19 P.3d 378 (Or. Ct. App. 2001).
· cites it 6× “Defendant appeals a judgment of conviction for speeding, ORS 811.100, based on a citation issued pursuant to the photo radar statute, ORS 810.”
State v. Weller, 250 P.3d 979 (Or. Ct. App. 2011).
“Ayet believed defendant was not simply violating Oregon’s speeding statute, ORS 811.100, but was also violating Oregon’s reckless driving statute, ORS 811.”
Mariman v. Hultberg, 728 P.2d 919 (Or. Ct. App. 1986).
“” The statute has been repealed by Or laws 1983, ch 338, § 978, and replaced by ORS 811.100, Or Laws 1983, ch 338, § 563.”
State v. Bauer, 483 P.3d 51 (Or. Ct. App. 2021).
· cites it 3× “1 He argues that the court erred in entering a judgment that indicates he was convicted of violating the basic speed rule under ORS 811.100 and committing a Class A violation, because he was cited for violating the speed limit under ORS 811.”
State v. Patrick, 284 P.3d 547 (Or. Ct. App. 2012).
· cites it 3× “He argues that, although he might have been in violation of a different statute — ORS 811.100, “Violation of Basic Speed Rules” — he was not cited under that statute; he was cited under ORS 811.”
State v. Murphy, 333 Or. App. 544 (Or. Ct. App. 2024).
“Defendant appeals a judgment of conviction for violating the basic speed rule, ORS 811.100, entered after defendant was cited for driving 20 miles per hour above the speed limit.”
— Or. Rev. Stat. § 811.100(1) — 1 case
State v. Bauer, 483 P.3d 51 (Or. Ct. App. 2021).
“1 He argues that the court erred in entering a judgment that indicates he was convicted of violating the basic speed rule under ORS 811.100 and committing a Class A violation, because he was cited for violating the speed limit under ORS 811.”
— Or. Rev. Stat. § 811.100(2)(b) — 1 case
Stokes v. Lundeen, 7 P.3d 586 (Or. Ct. App. 2000).
“105(2)(c)(A) (1995) provides, in part: “Any speed in excess of any of the following designated speeds is prima facie evidence of violation of the basic speed rule under ORS 811.100: «* * * * * “(c) Twenty miles per hour when passing school grounds or a school crosswalk * * *…”
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