811.135
Careless driving; penalty.
(1) A person commits the offense of careless driving if the person drives any
vehicle upon a highway or other premises described in this section in a manner
that endangers or would be likely to endanger any person or property.
(2) The offense
described in this section, careless driving, applies on any premises open to
the public and is a Class B traffic violation unless commission of the offense
contributes to an accident. If commission of the offense contributes to an
accident, the offense is a Class A traffic violation.
(3) In addition
to any other penalty imposed for an offense committed under this section, if
the court determines that the commission of the offense described in this
section contributed to the serious physical injury or death of a vulnerable
user of a public way, the court shall:
(a) Impose a
sentence that requires the person to:
(A) Complete a
traffic safety course; and
(B) Perform
between 100 and 200 hours of community service, notwithstanding ORS 137.129.
The community service must include activities related to driver improvement and
providing public education on traffic safety;
(b) Order, but
suspend on the condition that the person complete the requirements of paragraph
(a) of this subsection:
(A) A fine of up
to $12,500, notwithstanding ORS 153.018; and
(B) A suspension
of driving privileges for one year as provided in ORS 809.280; and
(c) Set a hearing
date up to one year from the date of sentencing.
(4) At the
hearing described in subsection (3)(c) of this section, the court shall:
(a) If the person
has successfully completed the requirements described in subsection (3)(a) of
this section, dismiss the penalties ordered under subsection (3)(b) of this
section; or
(b) If the person
has not successfully completed the requirements described in subsection (3)(a)
of this section:
(A) Grant the
person an extension based on good cause shown; or
(B) Order the
penalties under subsection (3)(b) of this section.
(5) When a court
orders a suspension under subsection (4) of this section, the court shall
prepare and send to the Department of Transportation an order of suspension of
driving privileges of the person. Upon receipt of an order under this
subsection, the department shall take action as directed under ORS 809.280.
(6) The police
officer issuing the citation for an offense under this section shall note on
the citation if the cited offense appears to have contributed to the serious
physical injury or death of a vulnerable user of a public way. [1983 c.338 §570;
1995 c.383 §20; 2007 c.784 §3; 2011 c.355 §11; 2011 c.423 §1]
Notes of Decisions
Cited in
20
cases (
4 in the last 5 years), 1987–2026 · leading case:
State v. Derby, 455 P.3d 1009 (Or. Ct. App. 2019).
State v. Derby, 455 P.3d 1009 (Or. Ct. App. 2019).
· cites it 2× “However, the state argues, as an alternative basis to affirm, that the officer had probable cause to stop defendant for careless driving, ORS 811.135. The state also made that argu- ment to the trial court, but the trial court did not reach it.”
State v. Warner, 112 P.3d 464 (Or. Ct. App. 2005).
· cites it 4× “” Here, the state argues, defendant’s conduct violated both the careless driving statute, ORS 811.135, and the reckless driving statute, ORS 811.”
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
· cites it 2× “140(1) (defining crime of reckless driving), but the driver must also have been aware of and consciously disregarded "a substantial and unjustifiable risk" of doing so.”
State v. Bliss, 423 P.3d 53 (Or. 2018).
“In such a circumstance, police may stop a driver because, for example, she has failed to stay in her lane, signal when required, or stop at a stop sign-all traffic violations-and may not develop probable cause to search the vehicle to investigate the crime of driving under the…”
State v. Warner, 153 P.3d 674 (Or. 2007).
· cites it 5× “108(1) does not overcome that statutory former jeopardy bar when, as in this case, the state separately prosecutes a defendant for careless driving (ORS 811.135) (a traffic violation) and reckless driving (ORS 811.”
State v. Cabanilla, 273 P.3d 125 (Or. 2012).
“See ORS 811.135 (defining offense). That charge is not at issue in this case.”
State v. Swanson, 266 P.3d 45 (Or. 2011).
“2 See ORS 811.135 (setting out elements of careless driving; designating offense as either a Class A or Class B traffic violation, depending on the circumstances of the offense; authorizing a sentence that includes a fine, but not authorizing a term of imprisonment).”
State v. Carter, 241 P.3d 1205 (Or. Ct. App. 2010).
“Defendant appeals a judgment of conviction for careless driving, ORS 811.135, and failure to appear on a criminal citation, ORS 133.”
State v. Rogers, 59 P.3d 524 (Or. Ct. App. 2002).
“Defendant waived her right to a jury trial, and the trial court convicted her of careless driving, ORS 811.135, and of failure to appear, former ORS 133.”
State v. Wirth, 835 P.2d 952 (Or. Ct. App. 1992).
“065; ORS 811.135. The trial court dismissed the case with prejudice for lack of a speedy trial.”
State v. Edgell, 956 P.2d 988 (Or. Ct. App. 1998).
“ORS 811.135. Puddy told Dunn of the reason for the stop and asked to see her driver license and registration.”
State v. Darlin, 857 P.2d 859 (Or. Ct. App. 1993).
“ORS 811.135. She contends that (1) the results of her Intoxilyzer test should have been suppressed because she was denied the right to an independent blood test; (2) the operator’s license offense should have been dismissed on former jeopardy grounds; and (3) she was entitled to…”
— Or. Rev. Stat. § 811.135(1) — 4 cases
State v. Derby, 455 P.3d 1009 (Or. Ct. App. 2019).
“However, the state argues, as an alternative basis to affirm, that the officer had probable cause to stop defendant for careless driving, ORS 811.135. The state also made that argu- ment to the trial court, but the trial court did not reach it.”
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