James Richard Greene

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Charge:	Driving Under the Influence of Alcohol or Drugs
Sentence:	"3 years suspended drving license & $1,500 fine"
Years Imprisoned:
Year Crime:	2012
Year Convicted:	2013
Year Cleared:	2016
U.S. State or Country of Crime:	Oregon
County or Region of Crime:	Lincoln
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"James Richard Greene was wrongly convicted in June 2013 of driving under the influence of intoxicants in Lincoln County, Oregon on October 16, 2012. Greene's prosecution was based on a collison between the motorized wheelchair he was operating in a marked crosswalk as he was crossing the street that he had turned onto from a sidewalk. Greene was determined to be intoxicated under the influence of alcohol and drugs at the time of the collision. Greene's defense is his wheelchair wasn't a vehicle under Oregon law, so he couldn't have committed a DUI violation. The jury convicted Greene after a two-day trial. James Greene made a motion for a judgment of acquittal that was denied by the trial judge, who sided with the prosecution's argument that a motorized wheelchair is a "vehicle" under Oregon law. He was sentenced by the judge to having his driver's license suspended for three years and payment of a $1,500 fine. Greene appealed. On December 29, 2016 the Oregon Court of Appeals reversed Greene's conviction and ordered his acquittal based on the prosecution's failure to introduce sufficient evidence, because under Oregon law Greene's motorized wheelchair was not a vehicle under the circumstances of his case. The Court ruled he was a pedestrian in a wheelchair."
Conviction Caused By:
Innocence Proved By:	"On December 29, 2016 the Oregon Court of Appeals reversed Greene's conviction and ordered his acquittal based on the prosecution's failure to introduce sufficient evidence, because under Oregon law Greene's motorized wheelchair was not a vehicle under the circumstances of his case."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"State v. Greene, 283 Or App 120 (A154816) (Ore. Ct. of Appeal, 12-29-2016 ) (Reversing conviction and acquitted based on prosecution's failure to prove he was driving a motor vehicle.)"
Information Location 1:	http://www.publications.ojd.state.or.us/docs/A154816.pdf
Information Source 2:	"Man in motorized wheelchair gets DUII conviction thrown out, By Aimee Green, The Oregonian, December 29, 2016"
Information Location 2:	http://www.oregonlive.com/pacific-northwest-news/index.ssf/2016/12/appeals_court_reverses_duii_co.html
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James Richard Greene

Charge:

Driving Under the Influence of Alcohol or Drugs

Sentence:

"3 years suspended drving license & $1,500 fine"

Years Imprisoned:

Year Crime:

2012

Year Convicted:

2013

Year Cleared:

2016

U.S. State or Country of Crime:

Oregon

County or Region of Crime:

Lincoln

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On December 29, 2016 the Oregon Court of Appeals reversed Greene's conviction and ordered his acquittal based on the prosecution's failure to introduce sufficient evidence, because under Oregon law Greene's motorized wheelchair was not a vehicle under the circumstances of his case."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Greene, 283 Or App 120 (A154816) (Ore. Ct. of Appeal, 12-29-2016 ) (Reversing conviction and acquitted based on prosecution's failure to prove he was driving a motor vehicle.)"

Information Location 1:

http://www.publications.ojd.state.or.us/docs/A154816.pdf

Information Source 2:

"Man in motorized wheelchair gets DUII conviction thrown out, By Aimee Green, The Oregonian, December 29, 2016"

Information Location 2:

http://www.oregonlive.com/pacific-northwest-news/index.ssf/2016/12/appeals_court_reverses_duii_co.html

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

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