James Duwayne Atchley was booked on Friday July, 27th by MFS and was booked into Jackson County Jail in Medford, Oregon.
The male, with a recorded date of birth of Sep 22, 1960 was arrested for suspicion of the below crimes:
- 0475.752 PCS F SCH I / CONTROLLED SUBSTANCE OFFENSE - 10 PO
- 0811.182 DWS/M / CRIMINAL DRIVING-SUSP/REVOKED - 1
Bail has been set to $10000 for Atchley which is listed as a 5 foot 7 inch white male weighing approximately 145 pounds.
James Duwayne Atchley was arrested in Jackson County Oregon and James Duwayne Atchley has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office in Jackson County Oregon. For more regarding the Jackson County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
James Duwayne Atchley is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance.
(1) Except for licensees and licensee representatives, as those terms are defined in ORS 475B.015, that are engaged in lawful activities, and except for a person acting within the scope of and in compliance with ORS 475B.245, and except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a controlled substance. Any person who violates this subsection with respect to:(a) A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise provided in ORS 475.886 and 475.890.
(b) A controlled substance in Schedule II, is guilty of a Class B felony, except as otherwise provided in ORS 475.858, 475.860, 475.862, 475.878, 475.880, 475.882, 475.904 and 475.906.
(c) A controlled substance in Schedule III, is guilty of a Class C felony, except as otherwise provided in ORS 475.904 and 475.906.
(d) A controlled substance in Schedule IV, is guilty of a Class B misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a Class C misdemeanor.
(2) Except as authorized in ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to create or deliver a counterfeit substance. Any person who violates this subsection with respect to:
(a) A counterfeit substance in Schedule I, is guilty of a Class A felony.
(b) A counterfeit substance in Schedule II, is guilty of a Class B felony.
(c) A counterfeit substance in Schedule III, is guilty of a Class C felony.
(d) A counterfeit substance in Schedule IV, is guilty of a Class B misdemeanor.
(e) A counterfeit substance in Schedule V, is guilty of a Class C misdemeanor.
(3) It is unlawful for any person knowingly or intentionally to possess a controlled substance, other than marijuana, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Any person who violates this subsection with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class B felony, except as otherwise provided in ORS 475.894.
(b) A controlled substance in Schedule II, is guilty of a Class C felony, except as otherwise provided in ORS 475.864.
(c) A controlled substance in Schedule III, is guilty of a Class A misdemeanor.
(d) A controlled substance in Schedule IV, is guilty of a Class C misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a violation.
(4) In any prosecution under this section for manufacture, possession or delivery of that plant of the genus Lophophora commonly known as peyote, it is an affirmative defense that the peyote is being used or is intended for use:
(a) In connection with the good faith practice of a religious belief;
(b) As directly associated with a religious practice; and
(c) In a manner that is not dangerous to the health of the user or others who are in the proximity of the user.
(5) The affirmative defense created in subsection (4) of this section is not available to any person who has possessed or delivered the peyote while incarcerated in a correctional facility in this state.
(6)(a) Notwithstanding subsection (1) of this section, a person who unlawfully manufactures or delivers a controlled substance in Schedule IV and who thereby causes death to another person is guilty of a Class C felony.
(b) For purposes of this subsection, causation is established when the controlled substance plays a substantial role in the death of the other person. [Formerly 475.840; 2013 c.591 §3; 2015 c.1 §76; 2015 c.614 §124]
Criminal driving while suspended or revoked; penalties.
(1) A person commits the offense of criminal driving while suspended or revoked if the person violates ORS 811.175 and the suspension or revocation is one described in this section, or if the hardship or probationary permit violated is based upon a suspension or revocation described in subsection (3) or (4) of this section.(2) Affirmative defenses to the offense described in this section are established under ORS 811.180.
(3) The offense described in this section, criminal driving while suspended or revoked, is a Class B felony if the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, if the suspension or revocation resulted from aggravated vehicular homicide or aggravated driving while suspended or revoked or if the revocation resulted from a conviction for felony driving while under the influence of intoxicants.
(4) The offense described in this section, criminal driving while suspended or revoked, is a Class A misdemeanor if the suspension or revocation is any of the following:
(a) A suspension under ORS 809.411 (2) resulting from commission by the driver of any degree of recklessly endangering another person, menacing or criminal mischief, resulting from the operation of a motor vehicle.
(b) A revocation under ORS 809.409 (4) resulting from perjury or the making of a false affidavit to the Department of Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to take a test prescribed in ORS 813.100 or for taking a breath or blood test the result of which discloses a blood alcohol content of:
(A) 0.08 percent or more by weight if the person was not driving a commercial motor vehicle;
(B) 0.04 percent or more by weight if the person was driving a commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of commercial driving privileges under ORS 809.510 resulting from failure to perform the duties of a driver under ORS 811.700.
(e) A suspension of commercial driving privileges under ORS 809.510 (6) where the person’s commercial driving privileges have been suspended or revoked by the other jurisdiction for failure of or refusal to take a chemical test to determine the alcoholic content of the person’s blood under a statute that is substantially similar to ORS 813.100.
(f) A suspension of commercial driving privileges under ORS 809.520.
(g) A revocation resulting from habitual offender status under ORS 809.640.
(h) A suspension resulting from any crime punishable as a felony with proof of a material element involving the operation of a motor vehicle, other than a crime described in subsection (3) of this section.
(i) A suspension for failure to perform the duties of a driver under ORS 811.705.
(j) A suspension for reckless driving under ORS 811.140.
(k) A suspension for fleeing or attempting to elude a police officer under ORS 811.540.
(L) A suspension or revocation resulting from misdemeanor driving while under the influence of intoxicants under ORS 813.010.
(m) A suspension for use of a motor vehicle in the commission of a crime punishable as a felony.
(5) In addition to any other sentence that may be imposed, if a person is convicted of the offense described in this section and the underlying suspension resulted from driving while under the influence of intoxicants, the court shall impose a minimum fine of at least $1,000 if it is the person’s first conviction for criminal driving while suspended or revoked and a minimum fine of at least $2,000 if it is the person’s second or subsequent conviction.
(6)(a) The Oregon Criminal Justice Commission shall classify a violation of this section that is a felony as crime category 4 of the rules of the commission.
(b) Notwithstanding paragraph (a) of this subsection, the commission shall classify a violation of this section that is a felony as crime category 6 of the rules of the commission, if the suspension or revocation resulted from:
(A) Any degree of murder, manslaughter or criminally negligent homicide or an assault that causes serious physical injury, resulting from the operation of a motor vehicle; or
(B) Aggravated vehicular homicide or aggravated driving while suspended or revoked. [1987 c.730 §§3,3a; 1989 c.636 §46; 1991 c.185 §10; 1991 c.860 §9; 1993 c.305 §2; 1995 c.568 §2; 1997 c.249 §230; 1999 c.1049 §7; 2001 c.436 §1; 2001 c.786 §2; 2003 c.346 §3; 2003 c.402 §37; 2005 c.649 §19; 2007 c.867 §13; 2009 c.783 §14; 2011 c.597 §97; 2013 c.237 §26; 2013 c.649 §3]
