In Oregon, How Do Drivers Fail To Perform Their Duties?
Interviewer: What other offenses accompany the DUII?
Shannon: Anther one I am sure you have heard of is hit and run. Here in Oregon we call it failure to perform duties of a driver. It could be failure to perform duties of a driver as it relates to personal property or commercial property.
The situation is usually that the person was intoxicated and did not realize they hit something. Another scenario is perhaps the person realized they hit something, panicked and left the scene. There is also civil compromise available in those situations.
If it is a commercial victim, such as a business, it is more difficult to get a civil compromise. I think people feel more burned when there are actual damages.
A good way to advocate for civil compromise is to say, “Hey, we are willing to take care of the damages and then some, right now. We can do this without even having to go to court. You won’t be a witness in this case. We can pay it right away. There won’t be any waiting around for any sort of restitution payment.”
Failure to perform duties of a driver is also a misdemeanor. So the same penalties we talked about earlier apply. It can be a 90 day license suspension, at least.
Interviewer: What situations define hit and run or failure to perform your duties as a driver? Do drivers literally knock someone down?
Shannon: It is definitely hit and run if somebody is hurt or injured. Previously, I was talking about hit and run related to property. If somebody is hurt or injured, it would be a felony charge. That is a whole different scenario with different penalties. I was talking about someone driving down the street; and running into somebody’s car or fence. Then, the driver continues going.
Interviewer: In this scenario, what circumstances apply for failure to act or failure to perform your duties?
Shannon: It is essentially that you hit somebody and kept going. You did not stop. You did not report it. You did not perform your duties as a driver here in Oregon. You do not need to have a specific mental state.
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