What is Careless Driving under ORS 811.135 in Oregon?
The implications of a careless driving violation conviction in Oregon under ORS 811.135 can affect your driving record, increase your insurance premiums, and even impact your employment opportunities.
ORS 811.135(1) notes: “(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.” (https://oregon.public.law/statutes/ors_811.135)
Fact-Specific Nature of Careless Driving
Careless driving is inherently fact-specific, meaning that each case depends heavily on the particular circumstances surrounding the incident. Factors that may be considered include:
Road Conditions: Weather, visibility, and road surface conditions at the time of the incident.
Driver Behavior: Speed, attentiveness, and any distractions the driver may have been experiencing.
Surrounding Environment: Presence of pedestrians, other vehicles, and any potential hazards.
Given the fact-specific nature of careless driving, a judge must review all the circumstances to determine whether the driver's actions constituted careless driving.
Conclusion
Understanding the nuances of careless driving under ORS 811.135 is crucial for both drivers and legal professionals. Each case's unique facts must be carefully examined to determine whether the offense occurred.
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Disclaimer: This post is intended for informational purposes only and does not constitute legal advice. Viewing or interacting with this post does not create an attorney-client relationship. The information provided is general in nature and may not apply to specific legal situations. For personalized legal advice, please consult a licensed attorney. Our attorneys are only licensed to practice law in Oregon.
