State v. Brown

The reckless driving statute provides: “A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway * * * in a manner that endangers the safety of persons or property.” ORS 811.140(1).

Defendant appealed a conviction for driving under the influence of intoxicants (DUII) and for reckless driving. Defendant assigns error to the trial court following the denial of his motion for a judgment of acquittal. Defendant argued that his driving did not endanger the safety of persons or property. Furthermore, Defendant argued that that the fact that he was driving while intoxicated did not establish reckless driving. The State responded that proving this is not required under Oregon caselaw. The reckless driving statute provides: “A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway * * * in a manner that endangers the safety of persons or property.” ORS 811.140(1). The Court reasoned that the statute requires proof of both a mental state and an act. The Court agreed with Defendant’s second argument, however, the Court reasonably determined that driving in the wrong lane presents great danger to persons and property. The Court agreed with the lower court’s judgment of acquittal on the reckless driving charge. Affirmed.