811.140
Reckless driving; penalty.
(1) A person commits the offense of reckless driving if the person:
(a) Recklessly
drives a vehicle upon a highway or premises open to the public in a manner that
endangers the safety of persons or property; or
(b) Operates a
vehicle on a highway or premises open to the public and, in the presence of two
or more persons assembled for the purpose of spectating the conduct,
intentionally:
(A) Breaks the
traction of the vehicle’s rear tires; or
(B) Spins the
vehicle’s rear tires continuously by pressing the accelerator and increasing
the engine speed in a manner that leaves marks on the surface upon which the
vehicle is being driven.
(2) As used in
this section, “intentionally” and “recklessly” have the meanings given those
terms in ORS 161.085.
(3) The offense
described in this section, reckless driving, is a Class A misdemeanor. [1983
c.338 §571; 2023 c.158 §2]
SPECIAL SAFETY MEASURES
Notes of Decisions
Cited in
266
cases (
99 in the last 5 years), 1986–2026 · leading case:
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
· cites it 24× “One exception allows an uninsured plaintiff to recover noneconomic damages if the defendant was driving in a way that constitutes a violation of ORS 811.140, [4] which prohibits reckless driving.”
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
· cites it 15× “Defendant appeals a judgment of conviction for, among other things, reckless driving, ORS 811.140, based on an incident in which he was skateboarding on a public street.”
State v. Tison, 424 P.3d 823 (Or. Ct. App. 2018).
· cites it 2× “ORS 811.140 ; ORS 813.010. Defendant's DUII and reckless driving convictions are Class A misdemeanors.”
State v. Horton, 535 P.3d 338 (Or. Ct. App. 2023).
“160 (Counts 3 and 4); and reckless driving, ORS 811.140 (Count 5). In Case Number 21CR03129, defendant was convicted of assault on a public safety officer (Count 1); another charge was dismissed before trial.”
State v. Greeley, 184 P.3d 1191 (Or. Ct. App. 2008).
· cites it 4× “Defendant appeals his conviction by a jury for reckless driving, ORS 811.140. He asserts that the trial court’s concurrence instruction to the jury was inadequate, because the state presented evidence of two distinct factual occurrences to prove that defendant committed reckless…”
State v. Timmermann, 187 P.3d 744 (Or. Ct. App. 2008).
· cites it 6× “According to the defendant, one “drives” a motor vehicle, and a skateboard is not a motor vehicle within the meaning of ORS 811.140. The trial court suggested that ORS 801.”
State v. Dye, 540 P.3d 66 (Or. Ct. App. 2023).
· cites it 3× “540(1) (Counts 1 and 3); reckless driving, ORS 811.140 (Count 2); and resisting arrest, ORS 162.”
Morehouse v. Haynes, 234 P.3d 1024 (Or. Ct. App. 2010).
· cites it 8× “* * * "* * * * * "(5) The limitation on liability established by this section does not apply if: "* * * * * "(c) The defendant was engaged in conduct that would constitute a violation of ORS 811.140 at the time the act or omission causing the death or injury occurred.”
Lawson v. Hoke, 119 P.3d 210 (Or. 2005).
· cites it 2× “010 at the time the act or omission causing the death or injury occurred; "(b) The death or injury resulted from acts or omissions of the defendant that constituted an intentional tort; "(c) The defendant was engaged in conduct that would constitute a violation of ORS 811.140 at…”
State v. Brown, 531 P.3d 178 (Or. Ct. App. 2023).
· cites it 2× “894 (Count 5); reckless driving, ORS 811.140 (Count 6); two counts of assault in the fourth degree, ORS 163.”
State v. Wesley, 533 P.3d 786 (Or. Ct. App. 2023).
· cites it 2× “540; reckless driving (Count 8), ORS 811.140; and recklessly endangering another person (Count 9), ORS 163.”
State v. Sumerlin, 913 P.2d 340 (Or. Ct. App. 1996).
· cites it 2× “165, reckless driving, ORS 811.140, driving under the influence of intoxicants (DUII), ORS 813.”
— Or. Rev. Stat. § 811.140(1) — 15 cases
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
“One exception allows an uninsured plaintiff to recover noneconomic damages if the defendant was driving in a way that constitutes a violation of ORS 811.140, [4] which prohibits reckless driving.”
State v. Smith, 55 P.3d 553 (Or. Ct. App. 2002).
“Defendant appeals a judgment of conviction for, among other things, reckless driving, ORS 811.140, based on an incident in which he was skateboarding on a public street.”
State v. Greeley, 184 P.3d 1191 (Or. Ct. App. 2008).
“Defendant appeals his conviction by a jury for reckless driving, ORS 811.140. He asserts that the trial court’s concurrence instruction to the jury was inadequate, because the state presented evidence of two distinct factual occurrences to prove that defendant committed reckless…”
— Or. Rev. Stat. § 811.140(1)(a) — 4 cases
State v. Dye, 540 P.3d 66 (Or. Ct. App. 2023).
“540(1) (Counts 1 and 3); reckless driving, ORS 811.140 (Count 2); and resisting arrest, ORS 162.”
— Or. Rev. Stat. § 811.140(2) — 5 cases
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
“One exception allows an uninsured plaintiff to recover noneconomic damages if the defendant was driving in a way that constitutes a violation of ORS 811.140, [4] which prohibits reckless driving.”
— Or. Rev. Stat. § 811.140(3) — 2 cases
State v. Tison, 424 P.3d 823 (Or. Ct. App. 2018).
“ORS 811.140 ; ORS 813.010. Defendant's DUII and reckless driving convictions are Class A misdemeanors.”
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