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Oregon Court of Appeals 04-29-10

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by: Abassos • April 28, 2010 • no comments

Read the full article for details about the following new cases:

  • Failure to Perform the Duties of a Driver - Knowledge of Injury
  • Stop vs Arrest
  • DUII Diversion - Eligibility (Prior Treatment)


Failure to Perform the Duties of a Driver - Knowledge of Injury===

If you clip someone in your car, you need to stop and make sure everyone's okay. If it turns out that someone was injured, you'll probably be guilty of a felony if you leave the scene. In this case, the defendant bumped a motorcyclist who didn't fall over and seemed okay. But his foot was injured. Today's ruling is that the requisite mental state toward the fact of injury is negligence. A reasonable person would have been aware there was a risk of injury, therefore the defendant was guilty of Felony Failure to Perform the Duties of a Driver. State v. Hamlett

Stop vs Arrest

A stop is converted into an arrest when the officer handcuffs a person after the officer's safety concerns are relieved. Moreover, there is no p.c. for an arrest in the following circumstances:

(1) defendant's behavior was "strange and furtive" when Barringer approached him; (2) Barringer encountered defendant one-third of a mile from the Cascade Inn, where Barringer knew a crime had recently been committed; (3) defendant wore a gray hooded sweatshirt just as the suspect reportedly wore; (4) defendant was the only person seen outside; and (5) defendant was intoxicated.

Suppression affirmed. State v. Medinger

DUII diversion - eligibility - prior treatment

Post prison supervision ordered treatment counts as a prior treatment program disqualifying someone from DUII diversion. State v. LaGrassa