State v. Turudic

Under ORS 811.700(1)(a), a driver commits a misdemeanor crime if they fail to "affirmatively provide" the other driver or passenger the name and address of the driver and the registration number of the vehicle . . . and the name and address of any other occupants . . ."

Defendant appealed her conviction of failing to perform the duties of a driver when property is damaged, ORS 811.700(1)(a). The most pertinent of two assignments of error proffered by Defendant was that the lower court erred in denying her motion for dismissal on the grounds of insufficient evidence. On appeal, Defendant argued that the State failed to meet the evidentiary requirements for establishing that Defendant had failed to perform her duties because the information required under ORS 811.700(1)(a) was “known or readily available” at the accident scene. Therefore, Defendant contended that it wasn’t necessary for her to “give” her license plate number to the other driver. In response, State argued that Defendant was required to actually give her information. ORS 811.700(1)(a) states that a driver commits a misdemeanor crime if they fail to "give to the other driver or passenger the name and address of the driver and the registration number of the vehicle . . . and the name and address of any other occupants . . ." The Court of Appeals determined that, based on the plain meaning of “give,” the legislature intended to require drivers to "affirmatively provide" information in the event of property damage resulting from an accident. The fact that the other driver had a reasonable opportunity to observe and record it was not sufficient to fulfill Defendant's obligations. Therefore, the Court held that the lower court did not err. Affirmed.