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Oregon laws concerning Cliff Harris incident

Posted on 6/15/11 at 10:21 am
Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 6/15/11 at 10:21 am
I posted this in the main thread, but for those who do not want to tread through the bullshite in that thread, I will post it here as well-

Obviously we will not know more about the NCAA/Oregon course of action until a later date, but for the moment, I have compiled the Oregon Traffic laws that were violated and the consequences:

Speeding:

quote:

811.109 Penalties for speed violations. (1) Violation of a specific speed limit imposed under law or of a posted speed limit is punishable as follows: (2) Notwithstanding subsection (1) of this section, if the speed limit is 65 miles per hour or greater and: (c) The person is exceeding the speed limit by more than 20 miles per hour, the offense is a Class A traffic violation. (5) If a person drives 100 miles per hour or greater when the person commits a violation described in this section, a court shall impose the following in lieu of a punishment otherwise imposed under this section: (a) A fine of $1,000; and (b) A suspension of driving privileges for not less than 30 days nor more than 90 days. (6) When a court imposes a suspension under subsection (4) or (5) of this section, the court shall prepare and send to the Department of Transportation an order of suspension of driving privileges of the person. Upon receipt of an order under this subsection, the department shall take action as directed under ORS 809.280. [1995 c.383 §14; 2003 c.819 §17; 2005 c.491 §1]


Driving with a suspended license:
quote:

811.175 Violation driving while suspended or revoked; penalties. (1) A person commits the offense of violation driving while suspended or revoked if the person does any of the following: (a) Drives a motor vehicle upon a highway during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked in this state by a court or by the Department of Transportation. (4) The offense described in this section, violation driving while suspended or revoked, is a Class A traffic violation except as otherwise provided in ORS 811.182. [1983 c.338 §598; 1985 c.16 §304; 1987 c.730 §1; 1987 c.801 §9; 1989 c.171 §91; 1989 c.636 §45; 1997 c.249 §228; 1999 c.1051 §90; 2009 c.395 §10]


Although he was not cited for it, here is the law on "Reckless Driving" which it certainly appears he broke:

quote:

811.140 Reckless driving; penalty. (1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property. (2) The use of the term “recklessly” in this section is as defined in ORS 161.085.***** (3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571] SPECIAL SAFETY MEASURES *****161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (9) “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that 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.


As for those who were wondering why he was not arrested:

quote:

810.410 Arrest and citation. (1) A police officer may arrest or issue a citation to a person for a traffic crime at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act as provided by ORS 133.235 and 133.310. (3) A police officer: (a) Shall not arrest a person for a traffic violation.


The way I read it, he is guilty of two (2) Class A violations - Speeding in excess of 100 mph and driving with a suspended license.

According to this link - LINK that is a minimum of $1148 fine for the speeding and a minimum of $472 fine for the suspended license violation. I think the NCAA should lay low on the investigation of the rental car and just watch the cash flow into and out of Harris' bank account as he pays the minimum $1620 in fines and his license is suspended another 30-90 days on top of its current suspension.

Posted by HeadChange
Abort gay babies
Member since May 2009
43833 posts
Posted on 6/15/11 at 10:34 am to
Cliff notes?
Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 6/15/11 at 10:37 am to
quote:

Cliff notes?


Last paragraph.
Posted by LSUCanFAN
In the past
Member since Jan 2009
28071 posts
Posted on 6/15/11 at 10:42 am to
Death Peno!
Posted by WacoTiger
Waco, Texas
Member since Nov 2003
3664 posts
Posted on 6/15/11 at 10:43 am to
I think he was being sarcastic? Get it "Cliff Harris" vs "Cliff Notes".
Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 6/15/11 at 10:45 am to
quote:

I think he was being sarcastic? Get it "Cliff Harris" vs "Cliff Notes".



That is a stretch, but I will go with it. As far as paraphrasing the statutes, I only copied the specific bylaw as it pertained to the situation instead of the entire statute.
Posted by DucksflyinPAC
Portland, Oregon
Member since Mar 2011
1872 posts
Posted on 6/15/11 at 11:12 am to
I already pasted this in the main thread but for all those LSU fans claiming how could I possibly know Cliffy was driving at a time with not many other vehicles on the road. And for the others who thought I was making it up. I will paste it here again too.


"The state trooper who stopped Harris decided against issuing him a citation for reckless driving — a misdemeanor charge that could have resulted in jail time — after considering the circumstances of the situation, which included the fact that few other vehicles were in the area at that time."
-Oregon State Police Lt. Gregg Hastings
This post was edited on 6/15/11 at 11:15 am
Posted by BayouBlitz
Member since Aug 2007
15839 posts
Posted on 6/15/11 at 11:19 am to
quote:

after considering the circumstances of the situation, which included the fact that few other vehicles were in the area at that time."


and that Harris is an all conference DB for the home state Ducks.

He got off way easier than anybody Ive ever heard of. Wreckless driving does not only consider other cars on the road, but passengers in the car. That cop should be suspended.
Posted by BayouBndt
Shreveport
Member since Dec 2007
3168 posts
Posted on 6/15/11 at 11:19 am to
quote:

the fact that few other vehicles were in the area at that time


Yea cause who really cares if he only kills a few people for being a dumbass.
Posted by RealityTiger
Geismar, LA
Member since Jan 2010
20437 posts
Posted on 6/15/11 at 11:20 am to
You can polish up a turd all you want, but it's still a turd.
Posted by DucksflyinPAC
Portland, Oregon
Member since Mar 2011
1872 posts
Posted on 6/15/11 at 11:20 am to
slackster, I got many LSU fans telling me those were felonies but you will also see that those are not Felonies, but rather misdemeanors. Funny how you leave that out. You said it correctly. "Traffic violations". Thus, end of story. Thus its so humerus to see some LSU fans pouncing on this and pretending major felonies have happened.

It was a simple traffic citation. The cop said, "have a good day" and Cliffy went by by hoping back in the car. Traffic citations, nothing more, nothing less:)
Posted by Tigertown in ATL
Georgia foothills
Member since Sep 2009
29146 posts
Posted on 6/15/11 at 11:25 am to
quote:

Thus its so humerus


I think the femur is much funnier.
Posted by BRUNNIN4
DFW
Member since Mar 2010
3060 posts
Posted on 6/15/11 at 11:29 am to
quote:

Thus its so humerus to see some LSU fans pouncing on this and pretending major felonies have happened.


Posted by BayouBlitz
Member since Aug 2007
15839 posts
Posted on 6/15/11 at 11:32 am to
quote:

It was a simple traffic citation.


53 mph over the speed limit on a suspended license is a simple citation?



Posted by tigerBilltd
Prairieville, Louisiana
Member since Feb 2009
240 posts
Posted on 6/15/11 at 11:37 am to
Was the vehicle "rented" for him by someone affiliated with the university and is this ok to do?
Posted by DucksflyinPAC
Portland, Oregon
Member since Mar 2011
1872 posts
Posted on 6/15/11 at 11:37 am to
quote:

and that Harris is an all conference DB for the home state Ducks.

He got off way easier than anybody Ive ever heard of. Wreckless driving does not only consider other cars on the road, but passengers in the car. That cop should be suspended.


Ya right. If you knew anything about Oregon, which obviously you do not, he was stopped a few miles from the home of the Oregon State Beavers. And many cops go to OSU for their education. Ie. beavers do not like Ducks. That cop did not even know he was a UO football player until later when the media picked up this story. Dude, if you knew anything of the climate here you would know that football players get treated worse, not better over here. The cops think they are entitled and harass them much. This is not the deep South with all its corruptions and protections and good old boy club. Over here they would love nothing better to do then arrest UO football players because then they get on TV when they do so.

Any other assumptions you want to throw out there? I can do this all day long. Dispelling lies from SEC fans is very easy to do.

As far as the cop being suspended. That is a joke. If you study our country you will quickly find that not every state has the same laws. While someone may go to jail in LA for this, this did not happen in LA but in Oregon. Again, our cops are different here. That cop never knew who Cliff Harris was. Over here most of the public does not know individual players by sight. But had he done so, he probably would of made a bigger issue of it because the cops around over here know how famous the Ducks(as a team) are and if they arrest one, they get to be on TV and get all the media attention. So they get worse treatment, not preferred treatment. And if the cop had known,(which he did not) odds are he would of been a beaver fan and went extra hard on him just for that.
Posted by bisonduck
Oregon City, OR
Member since Apr 2011
12977 posts
Posted on 6/15/11 at 11:42 am to
It's important to note that a kid (21 years) by the last name ming was cited for speeding in excess of 100 miles per hour by the same officer that night and he was not jailed or arrested. The conspiracy theories about him getting special treatment are a waste of you time.


Posted by wahoocs
Lafayette, LA
Member since Nov 2004
22271 posts
Posted on 6/15/11 at 11:46 am to
Ming had a suspended license too?

If so, Oregon can slide into the Pacific with California.

That shite don't fly, and I want Harris on the field. But, he has a problem with authority, and the rental issues will more than likely force Oregon to act on this.
Posted by lsusteve1
Member since Dec 2004
41858 posts
Posted on 6/15/11 at 11:46 am to
quote:

Any other assumptions you want to throw out there?


Kinda like you assuming....

1) The cop is an OSU fan?
2) The cop didn't know who Harris was?
3) That we'd care to know ANYthing about Oregon

Posted by bisonduck
Oregon City, OR
Member since Apr 2011
12977 posts
Posted on 6/15/11 at 11:48 am to
cliff won't play in the LSU game. And the comment about 20+ million people going under is not the stuff of satire.
This post was edited on 6/15/11 at 11:50 am
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