Chapter 814

NOTES OF DECISIONS

Under former similar statute

      A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

LAW REVIEW CITATIONS

Under former similar statute

      10 WLJ 207 (1974)

      814.070

NOTES OF DECISIONS

      Where defendant crossed road at angle not parallel to road, defendant did not improperly “proceed along” road. State v. Tyler, 285 Or App 101, 395 P3d 69 (2017)

      814.400

NOTES OF DECISIONS

Under former similar statute

      DUII statute applies to bicyclists. State v. Woodruff, 81 Or App 484, 726 P2d 396 (1986), Sup Ct review denied

In general

      Mere use of term “motor vehicle” in vehicle code statute does not specifically provide for bicycles to be exempt from statute. State v. Potter, 185 Or App 81, 57 P3d 944 (2002)

      Permanent revocation of driving privileges of person convicted of felony while driving under influence of intoxicants or of multiple driving under influence of intoxicants offenses applies to person convicted of felony or offenses while operating bicycle under influence of intoxicants. State v. Abbey, 239 Or App 306, 245 P3d 152 (2010), Sup Ct review denied

      814.430

NOTES OF DECISIONS

Under former similar statute

      Where bicyclist was in process of negotiating left turn when he was struck from behind by defendant motorist, it was error to give instruction based on this section that bicyclists are required to ride as far right as possible. Taylor v. Bohemia, Inc., 70 Or App 143, 688 P2d 1374 (1984) Sup Ct review denied