State v. Griffin
State v. Griffin
Opinion of the Court
Defendant appeals his conviction for reckless driving. ORS 487.550.
At 7 p.m. on October 29, 1980, a police officer observed defendant’s car going north on 14th Avenue between Morrison and Stark Streets in Portland. Washington High School, located on the southwest corner of 14th and Stark, was the scene of a function that evening, so 14th Avenue was lined on both sides with parked cars and pedestrians were attempting to cross the street. The officer followed the car about four blocks and saw it drift to within three to four inches of parked cars several times and then swerve toward oncoming traffic. Three vehicles coming toward defendant’s car were forced to pull over to avoid collisions.
After he was pulled over, defendant left his car and walked toward the patrol car, using the side of his car for support. The officer detected an odor of alcohol on defendant’s breath from a distance of three to four feet. Defendant stuttered quite a bit and repeated some of his words “over and over.” He had trouble removing his driver’s license from his wallet and was shaking (which he claimed was not due to the cold). He told the officer that he had had two glasses of beer and could feel the effects a little bit, but not enough to stop him from driving. He did not consider himself drunk because, he said, if he were drunk, he would
After being taken into custody for driving under the influence of intoxicants, defendant consented to a breath test, which was administered at the police station. However, defendant was not charged with driving under the influence of intoxicants, ORS 487.540, nor were the results of the breath test offered into evidence. The trial court, sitting without a jury, found that defendant’s erratic driving and his physical problems, combined with his drinking, constituted reckless driving. (In addition to imposing a $100 fine and suspending it, the judge ordered defendant to attend alcohol school.)
The kind of recklessness required for conviction under ORS 487.550(1) is the same as set forth under ORS 161.085(9), which provides that “reckless conduct” means:
“* * * [T]hat a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”
State v. Ritchey, 46 Or App 871, 874-75, 613 P2d 501 (1980). It is incorrect to assume that, because voluntary intoxication may render a driver unaware of any injuries or damages he may have in fact caused as a result of his drunkeness, he is also unaware of the substantial risks that are created by drinking and driving. “Recklessness” includes driving while under the influence of intoxicants.
Affirmed.
At the time of defendant’s arrest and conviction, ORS 487.550 provided:
“(1) A person commits the crime of reckless driving if he drives a vehicle upon a highway carelessly and heedlessly in wilful or wanton disregard of the rights or safety of others.
“(2) Reckless driving is a Class B misdemeanor.”
The officer estimated that the street could accommodate three cars side by side between the parked cars. It had no painted center line.
Moreover, the courts have consistently held that driving while intoxicated can constitute gross negligence. See e.g., State v. Montieth, 247 Or 43, 417 P2d 1012 (1967), and State v. West, 1 Or App 41, 458 P2d 706 (1969).
Reference
- Full Case Name
- STATE OF OREGON v. CLIFTON WILLIAM GRIFFIN
- Cited By
- 1 case
- Status
- Published