OAR 735-070-0130: Fatal Accident Suspension

(1) DMV will use the following definitions when determining whether to issue a suspension order under ORS 809.417(3): (a) "Criminal negligence" is as defined in ORS 161.085(10) which states "that a person fails to be aware of 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 the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation." (b) "Incompetence" means driving in a manner that indicates lack of ability or fitness to safely operate a motor vehicle. (c) "Recklessness" is as defined in ORS 161.085(9), which states "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." (d) "Unlawful operation" means driving in a manner that would constitute commission of a traffic offense as defined by ORS 801.555 and includes any traffic offense under any federal law or any law of another state, including subdivisions thereof, that substantially conforms to a traffic offense as defined by Oregon statute. (2) A suspension under ORS 809.417(3) will be for a period of one year.