Mason C Pemberton was arrested on Friday, February 9th 2018 and booked into Lane County Jail in Eugene, Oregon.
The 18 year old male was arrested by Eugene Police Department was arrested for suspicion of the below crimes:
- #813.010 DRIVE UNDER INFLUENCE INTOX - 1 (Misdemeanor)
- #811.140 RECKLESS DRIVING (Misdemeanor)
- #4.728 RECKLESSLY ENDANGERING (Misdemeanor)
- #811.111 VIOLATING SPEED LIMIT (Violation)
Mason C Pemberton was arrested in Lane County Oregon and Mason C Pemberton 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 near Lane County Oregon. For more regarding the Lane County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Mason C Pemberton is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Driving under the influence of intoxicants; penalty.
(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:(a) Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or
(c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.
(2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.
(3) A person convicted of the offense described in this section is subject to ORS 813.020 in addition to this section.
(4) Except as provided in subsection (5) of this section, the offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.
(5)(a) Driving while under the influence of intoxicants is a Class C felony if the current offense was committed in a motor vehicle and the person has, at least three times in the 10 years prior to the date of the current offense, been convicted of, or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:
(A) Driving while under the influence of intoxicants in violation of:
(i) This section; or
(ii) The statutory counterpart to this section in another jurisdiction.
(B) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, a controlled substance, an inhalant or any combination thereof.
(C) A driving offense in another jurisdiction that involved operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content.
(b) For the purposes of paragraph (a) of this subsection, a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 years of age having a blood alcohol content that is lower than the permissible blood alcohol content in that jurisdiction for a person 21 years of age or older does not constitute a prior conviction or adjudication.
(6) In addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of driving while under the influence of intoxicants as follows:
(a) For a person’s first conviction, a minimum of $1,000.
(b) For a person’s second conviction, a minimum of $1,500.
(c) For a person’s third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.
(d) For a person who drives a vehicle while the person has 0.15 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150, a minimum of $2,000.
(7) Notwithstanding ORS 161.635, $10,000 is the maximum fine that a court may impose on a person convicted of driving while under the influence of intoxicants if:
(a) The current offense was committed in a motor vehicle; and
(b) There was a passenger in the motor vehicle who was under 18 years of age and was at least three years younger than the person driving the motor vehicle. [1983 c.338 §587; 1985 c.16 §293; 1987 c.138 §5; 1991 c.835 §7; 1999 c.619 §3; 1999 c.1049 §1; 2003 c.14 §495; 2003 c.445 §1; 2007 c.879 §3; 2009 c.525 §1; 2009 c.613 §1]
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
Violating a speed limit; penalty.
(1) A person commits the offense of violating a speed limit if the person:(a) Drives a vehicle on an interstate highway, except for the portions of interstate highway described in subsection (2) of this section, at a speed greater than 65 miles per hour or, if a different speed is posted under ORS 810.180, at a speed greater than the posted speed.
(b) Notwithstanding paragraph (a) of this subsection, drives any of the following vehicles at a speed greater than 55 miles per hour on any highway, except for the portions of highway described in subsections (2) to (11) of this section, or, if a different speed is posted under ORS 810.180, at a speed greater than the posted speed:
(A) A motor truck with a gross vehicle weight rating of more than 10,000 pounds or a truck tractor with a gross vehicle weight rating of more than 8,000 pounds.
(B) A school bus.
(C) A school activity vehicle.
(D) A worker transport bus.
(E) A bus operated for transporting children to and from church or an activity or function authorized by a church.
(F) Any vehicle used in the transportation of persons for hire by a nonprofit entity.
(c) Drives a vehicle or conveyance on any part of the ocean shore in this state at a speed greater than any of the following:
(A) Any designated speed for ocean shores that is established and posted under ORS 810.180.
(B) If no designated speed is posted under ORS 810.180, 25 miles per hour.
(d) Drives a vehicle upon a highway in any city at a speed greater than a speed posted by authority granted under ORS 810.180 or, if no designated speed is posted, the following:
(A) Fifteen miles per hour when driving on an alley or a narrow residential roadway.
(B) Twenty miles per hour in a business district.
(C) Twenty-five miles per hour in a public park.
(D) Twenty-five miles per hour on a highway in a residence district if the highway is not an arterial highway.
(E) Sixty-five miles per hour on an interstate highway.
(F) Fifty-five miles per hour in locations not otherwise described in this paragraph.
(e) Drives a vehicle in a school zone at a speed greater than 20 miles per hour if the school zone is:
(A) A segment of highway described in ORS 801.462 (1)(a) and:
(i) The school zone has a flashing light used as a traffic control device and operated as provided under ORS 810.243; or
(ii) If the school zone does not have a flashing light used as a traffic control device, the person drives in the school zone between 7 a.m. and 5 p.m. on a day when school is in session.
(B) A crosswalk described in ORS 801.462 (1)(b) and:
(i) A flashing light is used as a traffic control device and operated as provided under ORS 810.243; or
(ii) Children are present, as described in ORS 811.124.
(2) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of Interstate 84 beginning at the eastern city limit of The Dalles and ending at the Idaho state line at a speed greater than:
(a) Sixty-five miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Seventy miles per hour for all other vehicles.
(3) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 95 beginning at the Idaho state line and ending at the Nevada state line at a speed greater than:
(a) Sixty-five miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Seventy miles per hour for all other vehicles.
(4) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 20 beginning in Bend and ending in Ontario at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(5) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 197 beginning in The Dalles and ending at its intersection with State Highway 97 and the portion of State Highway 97 beginning at its intersection with State Highway 197 and ending in Klamath Falls at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(6) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 31 beginning in Valley Falls and ending in La Pine at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(7) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 78 beginning in Burns Junction and ending in Burns at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(8) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 395 beginning in Burns and ending in John Day at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(9) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 395 beginning in Riley and ending at the California state line at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(10) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of Oregon Route 205 beginning in Burns and ending in Frenchglen at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(11) A person commits the offense of violating a speed limit if the person drives a vehicle on the portion of State Highway 26 beginning in John Day and ending in Vale at a speed greater than:
(a) Sixty miles per hour for vehicles described in subsection (1)(b) of this section; or
(b) Sixty-five miles per hour for all other vehicles.
(12) The speed limits described in subsections (3) to (5) of this section do not apply to portions of highways inside of a city in this state.
(13) The offense described in this section, violating a speed limit, is punishable as provided in ORS 811.109. [2003 c.819 §4; 2003 c.819 §4a; 2005 c.573 §1; 2005 c.770 §6; 2007 c.367 §4; 2015 c. 139 §2; 2015 c.283 §5; 2015 c.746 §1]
