Criminal driving while suspended or revoked
ORS > Vehicle Code > License & Identification > 811.182
(1) it's a violation of this statute if the suspect violates 811.175 (driving while suspended or revoked) & their suspension/revocation was for one of the violations in the following paragraphs, or if the suspect violates their hardship permit and the permit was given based on a suspension/revocation due to the violations described in paragraphs (3) or (4) below
(2) defenses to this statute are established under 811.180 (Affirmative defenses)
(3) F(b): the suspension/revocation resulted from:
• any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle
• aggravated vehicular homicide or aggravated driving while suspended/revoked
• a conviction for felony driving while under the influence of intoxicants
(4) M(a)::
(a) suspension under 809.411 (Suspension for conviction of crime) (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle
(b) suspension under 813.410 (Suspension upon receipt of police report on implied consent test resulting from refusal to take a test per 813.100 (implied consent - breath or blood test) or taking a breath/blood test showing:
(C) any BAC if the suspect was under 21
(c) suspension of commercial driving privileges under 809.510 (Conviction of crime) resulting from failure to perform the duties of a driver under 811.700 (failure to perform duties of driver when property is damaged)
(d) suspension of commercial driving privileges under 809.510 (Conviction of crime) (7) where the suspect's commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine suspect's BAC under a statute that is substantially similar to 813.100 (implied consent - breath or blood test)
(e) suspension of commercial driving privileges under 809.520 (Lifetime suspension of commercial driving privileges)
(f) revocation for being a habitual offender under 809.640 (Habitual offender status)
(g) suspension resulting from any felony with proof of a material element of the crime involving the operation of a motor vehicle, other than a crime described in paragraph (3)
(h) suspension under 811.705 (failure to perform duties of driver to injured persons)
(i) suspension under 811.140 (reckless driving)
(j) suspension under 811.540 (fleeing or attempting to elude a police officer)
(k) suspension/revocation under 813.010 (duii)
(l) suspension for using a motor vehicle in the commission of a felony
Note:
• Driving a vehicle without an ignition interlock device (IID) is a violation of a hardship permit see also 813.602 (iid - circumstances under which ignition interlock device required)
• Check the reason for the original suspension to charge the appropriate crime under this statute: M(a) or F(b)
• Also check if subject is violating any of:
© 2020 - 2021 Ross Dargahi - Disclaimer - About