The “Reckless Driving Setover” (or “Reckless Set-Over”) program in certain Multnomah County Oregon DUI cases allows drivers to have their Reckless Driving charge dismissed if they meet certain requirements.
What does the Multnomah County
Reckless Driving Set-Over Program Require?
A driver accused of Reckless Driving as part of a DUI case must plead guilty to the Reckless Driving charge associated with a their DUI charge. Sentencing will then be set over to a date in the future (typically 12 months, or one year). The driver– the “Defendant”– must “stipulate to liability for economic damages arising from the incident.” This means they must agree to pay the victim and must agree to:
- Fully compensate all victims per see ORS 137.103 for any economic damages arising from this incident,
- Get the State to agree that there were no economic damages are owed in the case,
- Get the State to agree to a set amount of compensation, or
- Have a hearing to determine compensation for economic damages.
If the parties can’t agree that there are no damages– if they can’t agree on the amount of the damages– the District Attorney will notify those who may have claims of economic damages that they have 60 days from the date of the agreement to file their claims. No later than twenty days before this hearing the District Attorney will notify the defendant’s attorney, whether compensation is sought and, if so, the amount. If the defendant stipulates to the amount of compensation, the hearing will be cancelled. If not, the amount of compensation will be determined at the hearing. If the defendant does not appear at the hearing, the defense waives any objection to a continuation of the hearing on behalf of the victim or the State. A document setting out the resolution of the compensation dispute, including any amounts agreed to or ordered, will be filed with the court by the District Attorney’s Office.
At sentencing, if the Defendant has done all that’s required, the guilty plea can be withdrawn and the Reckless Driving charge dismissed. However, the Defendant must swear under oath that they have complied with the following conditions:
- Defendant has successfully completed all conditions of diversion and the DUII charge has been dismissed,
- Defendant has not committed nor been cited for any class A traffic violation or any traffic crime; Defendant must disclose any traffic-related police contact from which a citation or other charges resulted. If charges that would constitute a violation of this condition are pending at the time of the sentencing date, the Court may set over the sentencing pending resolution of the new charges, and
- Defendant has only driven with a valid license and insurance.
What are the Risks of a Reckless Setover?
If the Defendant shows up at sentencing and hasn’t complied with the conditions above, a permanent conviction will be entered on the Defendant’s record and the court will proceed with what’s called “open sentencing.” That means the prosecutor can ask for anything– including the minimum or maximum penalty for Reckless Driving. Given that Reckless Driving in Oregon is a Class A misdemeanor, this could include a hefty fine, community work service, probation, and even jail. At a minimum, it would also require a mandatory 90-day driver’s license suspension.
If you have questions about your DUI or Reckless Driving charge, contact a top DUI attorney in Portland for a no-cost, no-obligation consultation.