THE LAW: 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)
Impose, 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 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 imposed 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) Impose the penalties
under subsection (3)(b) of this section.
(5) When a court imposes
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 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]