https://libraryofdefense.ocdla.org/index.php?action=history&feed=atom&title=Blog%3ACase_Reviews%2FOregon_Court_of_Appeals_04-29-10 2026-04-05T22:51:22Z Revision history for this page on the wiki MediaWiki 1.19.24 https://libraryofdefense.ocdla.org/index.php?title=Blog:Case_Reviews/Oregon_Court_of_Appeals_04-29-10&diff=7827&oldid=prev 2012-12-21T00:22:06Z

<p>Importing text file</p> <p><b>New page</b></p><div>''Read the full article for details about the following new cases:''<br /> * Failure to Perform the Duties of a Driver - Knowledge of Injury<br /> * Stop vs Arrest<br /> * DUII Diversion - Eligibility (Prior Treatment)<br /> <br /> <br /> ===<br /> Failure to Perform the Duties of a Driver - Knowledge of Injury===<br /> <br /> 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.<br /> [http://www.publications.ojd.state.or.us/A138809.htm ''State v. Hamlett'']<br /> <br /> ===Stop vs Arrest===<br /> <br /> 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:<br /> <br /> &lt;blockquote&gt;<br /> <br /> ''(1) defendant's behavior was &quot;strange and furtive&quot; 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.''<br /> <br /> &lt;/blockquote&gt;<br /> <br /> Suppression affirmed.<br /> [http://www.publications.ojd.state.or.us/A142025.htm ''State v. Medinger'']<br /> <br /> ===DUII diversion - eligibility - prior treatment===<br /> <br /> Post prison supervision ordered treatment counts as a prior treatment program disqualifying someone from DUII diversion.<br /> [http://www.publications.ojd.state.or.us/A138223.htm ''State v. LaGrassa'']<br /> <br /> <br /> {{wl-publish: 2010-04-28 21:00:00 -0700 | abassos }}</div>

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