Articles Posted in Drunk Driving

The death of a highway worker in Canby last week turns a spotlight both on the dangers roadside workers ensure and, once again, on the problem of Oregon drunk driving.

According to The Oregonian, a 48-year-old man who was “placing warning signs about road construction near South New Era Road near South Haines Road” died last week after he was hit by a car believed to have been driven by a drunk driver. The paper reports that the driver was taken into police custody and an investigation is under way.

This incident is a sad reminder of the importance of exercising caution around highway workers. All too often, too many drivers fail to heed warnings to slow down in construction zones or other places where road workers are present. Many drivers also fail to give roadside workers a sufficiently wide berth when passing them.

Last week a graduating University of Oregon senior was sentenced to three years in prison for the Eugene drunk driving death of a fellow student, according to the Eugene Register-Guard.

The victim, a Scot who was also attending UO, was riding his bike in a marked bike lane when he was struck from behind. The newspaper reports that in the immediate aftermath of the Oregon bike and car accident the 22-year-old driver stayed with the victim “and took responsibility for his conduct.” The driver “had a blood alcohol level about twice that in which a driver is presumed intoxicated under Oregon law,” the paper notes.

The fact that the driver did not leave the scene of the accident and had no prior drunk driving history prompted prosecutors to agree to the lesser charge of criminally negligent homicide, rather than seeking a conviction for second-degree manslaughter (which would have carried a heavier mandatory sentence). The driver pled guilty as part of the agreement with the prosecutor’s office. He will also lose driving privileges for the remainder of his life.

The latest newsletter from Oregon’s Department of Transportation offers a timely reminder now that spring is here: “Warmer weather and longer days naturally bring out more walkers,” it notes. “It is each individual’s responsibility to be safe – on foot or behind the wheel.”

The agency offers a dual reminder. Drivers should be aware that more people will be walking (and, though the release does not mention it, biking) with the arrival of spring and summer. That fact requires special vigilance on the part of drivers. Pedestrians, however, also need to be reminded responsibility is, so to speak, a two-way street. Situational awareness can save your life.

According to the ODOT “as of April 11, 20 pedestrians have died in vehicle related crashes” across Oregon. That number represents a 25% increase in Oregon pedestrian car crashes compared to the same time period last year. The statistic is particularly striking since, as the newsletter notes, “overall Oregon is down slightly in vehicle-related fatalities for 2012 (74 deaths so far compared to 76 at this time in 2011).”

With the holidays now behind us this is a good moment to pause to examine the Oregon drunk driving and Washington drunk driving statistics reported over the Christmas and New Year’s weekends. DUII/DUI crash and arrest numbers are always a sad reminder of the importance of not overindulging when one goes out to celebrate, and of the crucial role our courts play in ensuring personal accountability.

According to radio station KBND, the Oregon State Police reported “one death and 28 DUII arrests on Oregon’s roads and highways.” The comparable figures for the New Year’s period on Oregon roads were 53 arrests and two crashes resulting in three fatalities, according to a report published in The Oregonian. To our north, in Washington, troopers “arrested 161 drivers suspected of being impaired by drugs or alcohol during the Christmas holiday weekend,” according to the Tri-City Herald.

In both states the Christmas figures represent notable decreases compared with the comparable period a year earlier. The Oregon New Year’s figures, however, were up by approximately 25% over the previous year and show a 55% increase compared to two years ago.

The fatal Oregon drunk driving crash made headlines around the state: a young woman killed when her pick-up truck veered off the road “at a high rate of speed, hit a power pole and landed in a stand of trees,” according to an account in the Oregon City News.

“Officers said it took half an hour to free” the victim, a 25-year-old woman, from the vehicle. “She was flown by Life Flight helicopter to Oregon Health and Science University Hospital … in critical condition and died the next day from her injuries,” the newspaper reports. The Oregon truck accident attracted an unusual amount of attention because the collision with the electrical pole caused many residents of Oregon City to lose power for several hours on that late-September evening. Police said alcohol appeared to be a factor in the crash. The victim’s father told the newspaper that an open container of alcohol was found in the car’s wreckage.

Now, in a gesture he hopes will offer a lesson to other young people, that grieving father is donating the frightening-looking remains of his daughter’s car to Oregon Impact, a non-profit group that “tours mangled cars to illustrate the dangers of driving under the influence of drugs and alcohol,” according to the newspaper. The group’s website lays out the scope of the problem in stark terms: 30% of Oregon teen driving deaths, it notes, are “alcohol-related.”

A 29-year-old Oregon City woman died recently as a result of a two-car Oregon drunk driving accident, according to a report in The Oregonian.

The crash occurred just before 2 am on state route 213 in Oregon City, the newspaper reports, quoting a spokesperson with the Oregon State Police Portland Command. “Police said Jennifer Miller, 29, of Oregon City, drove eastbound on the highway and ran a red light, crashing into a southbound Dodge pickup… Miller was declared dead at the scene, police said,” according to the newspaper. A passenger traveling in her car suffered injuries the paper describes as “serious.”

The pick-up truck’s driver was not injured in the Portland-area car crash, and was reported to be cooperating with police. Though The Oregonian’s report on the crash does not seek to assign blame, it does note that the pickup’s driver “had a green signal at the time of the crash.”

Marking Oregon car crash deaths is one of grim rituals that follow most holiday weekends. As the Seaside Signal notes, citing state statistics, Labor Day is traditionally one of the deadliest holiday weekends for drivers here in Oregon and nationwide.

The good news this year is that fatalities were down statewide. Two holiday weekend crashes led to three deaths, the newspaper reports: two people died on Friday evening as the holiday weekend began in a Clackamas County, Oregon motorcycle crash that also involved a car. The other fatality was discovered early Monday morning, on Labor Day itself, in Grass Valley. “An adult male was found deceased in the wreckage of the crash believed to have happened September 4 or during the early morning hours of September 5,” the paper reports, citing the Oregon State Police.

Tempering news of a drop in actual Oregon car crash deaths was word that DUI arrests were up. This is especially worrisome since, as the paper notes, “impaired driving is a major factor in holiday-related traffic crashes and alcohol is a known contributing factor in over half of holiday fatalities.” A total of 70 Oregon DUI arrests took place over Labor Day weekend, up from 67 last year – with an eye-opening ten OSP command centers statewide reporting three or more arrests during the period.

A civil suit filed earlier this month here in Portland is an excellent illustration of Oregon dram shop law and the ways it seeks to protect the public at large and accident victims in particular. According to The Oregonian, the husband of a woman who died in a Portland drunk driving accident last February is suing not only the alleged drunk driver but also two bars which, he claims, served the driver “while he was visibly intoxicated.”

The newspaper goes on to add that “the complaint accuses the bars of negligence for allowing him to drive, failing to determine whether he planned to drive and failing to alert authorities.”

This is practically the definition of a claim under the Oregon dram shop law – a statute that says a bar or alcohol retailer can be held legally responsibly for the damage done by a patron who clearly should not have been served in the first place.

A 25-year-old Oregon woman has been sentenced to a fine and a diversion program and also had her license suspended after pleading guilty to Oregon drunk driving, according to The Oregonian.

The short article, published earlier this month, is a useful reminder both of the serious consequences of Oregon drunk driving and the tough sanctions that even a first offense can entail. The article does not detail how Lauren Thomas came to be driving drunk when she caused an Oregon car crash in I-5 in Tualatin, but notes that she “drifted out of a lane of traffic and crashed into a flatbed pickup.” The truck’s driver was not injured in the accident.

Thomas, the paper reports, must attend treatment sessions and has lost her driving license for 90 days. She will also have to pay a fine and during this period “cannot consume or possess alcohol, or enter bars or liquor stores.” She will also have to read a book on the consequences of drunk driving and submit a report on it to the presiding judge in her case.

Chalk one up for Orange County, California in the quest for innovative ways to combat drunk driving. According to a recent article in the Orange County Register a recent student assembly in the San Clemente High School gym featured “an actual court session and sentencing of a DUI defendant.”

The paper reports that the County Superior Court session was moved to the school for part of one day as a way of emphasizing the seriousness of drunk driving and its consequences. Placing the session in the school allows anti-drunk driving activists to demonstrate this directly to teens – a group who have traditionally both been at extremely high risk for drunk driving injuries and fatalities while also being unusually difficult to reach in effective ways.

A session later in the day at the same school featured “an Orange County deputy district attorney (discussing) family consequences from a teen DUI or DUI-related crash.”

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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