Clackamas County and Portland Hit and Run Defense Attorney

Under Oregon law, Failure to Perform the Duties of a Driver (FTPDD) is just a fancy way of saying “Hit & Run.” These charges are extremely common in the greater Portland-Metro area. The penalties for Hit & Run vary greatly depending on the jurisdiction that is prosecuting you, any prior crimes on your record, and the damage that was done. When charged with Failure to Perform the Duties of a Driver, it is always a good idea to be represented by an attorney.

What are the penalties?

The penalties vary on this, depending on what exactly is charged. When all that is damaged is property, if convicted, you could be looking at jail and/or community service, probation, fines, restitution, and a license suspension. Failure to Perform the Duties of a Driver When Property is Damaged under ORS 811.700 is a misdemeanor, and carries a maximum penalty of 364 days in jail and a fine of up to $6,250.

If you are charged with Hit & Run and someone is injured under ORS 811.705, the consequences are much more severe. This is a Class C Felony, and the consequences range from jail to a prison sentence, more fines, longer suspensions, and the risk of having a felony on your record that can never be expunged.

How can I keep this off my record?

Civil Compromise: The most effective way out of Hit & Run allegations is a civil compromise under ORS 135.703. A civil compromise is a mechanism under Oregon law where the party injured by the conduct can be made whole again and the case can potentially be dismissed. There are many factors and rules regarding a civil compromise, but it is something that should always be explored by an experienced criminal defense lawyer on your behalf.

Deferred Sentencing: A deferred sentence is an agreement between you and the prosecution. It usually involves pleading guilty and completing certain conditions. In exchange for the guilty plea and the completion of conditions, the prosecution agrees to dismiss or reduce the charges against you after everything is completed.

Violation treatment/Plea negotiations: Most misdemeanors can be reduced down to a violation. This is usually a pretty safe way to go, but it can be difficult to get this. Having a local experienced defense lawyer in your corner is absolutely critical to positive outcomes in negotiations.

Trial: Hit & Run charges are often very defensible crimes. While people charged with Hit & Run would often like to avoid trial, sometimes it is the only option. It will be up to the fact finder (judge or jury) to decide whether you knew or had reason to know you hit anything, and whether the steps you took after the incident were reasonable.

Having an experienced attorney for these types of matters can make an incredible difference in your case.

Disclaimer: Nothing on this site should be taken as legal advice. For advice on a legal matter, contact an attorney. Contact Jared Justice at 503-722-3981 or

Jared Justice is available to practice anywhere in the state of Oregon. He focuses on practicing in the following State Courts: Clackamas, Multnomah, Yamhill, Marion, and Washington Counties. He also practices in the following Municipal Courts: Lake Oswego, West Linn, Newberg, Canby, McMinnville, Troutdale, Oregon City, Beaverton, Milwaukie, Gladstone, and just about every other court in the Portland area.