Legal Question in DUI Law in Oregon

Reckless Driving

I got a DUI in Portland in Jan. 07 after an accident. It was my first DUI and I was accepted into Diversion right away. Along with the DUI charge was a Reckless Driving and Criminal Mischief charge. I was originally told that the Reckless Driving would be shelved so to speak, along with the DUI as long as I completed Diversion. But I have been to 5 Pre-Trials for the Recklesss Driving in the last several months. I'm told that it is routine and that it will all work out, but now the DA says they are ready to go to Trial and so, surprisingly, my attorney has now said ''OK, then why don't we try for a civil compromise with the other party involved in the accident.'' The other party had filed a claim with my insurance company and it was investigated and denied - determined that the other party failed to yield and caused the accident. The other party was not happy about that but they did not pursue me or my insurance company further. So, I don't understand how or why a ''civil compromise'' with me paying this party would get me out of the Reckless Driving charge? I don't understand how the other party would have control over that? It seems like extortion.


Asked on 6/15/07, 7:11 pm

1 Answer from Attorneys
Matthew Kaplan Kaplan Law, LLC

Re: Reckless Driving

I am not sure what your question is but, I can tell you that you cannot civil compromise a Reckless Driving charge because there is no victim to compromise. Now if there is a Reckless Endangering Charge or an Assualt of Criminal Mischief charge, those can be civil compromised.

Your Attorney should have told you that there is no guarantee that he could get you that deal and that it is up to the DA as to whether they want to offer it to you.

Good luck,

MDK

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Answered on 6/16/07, 12:22 am


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