State v. Harper

*31ROSSMAN, P. J.

Defendant was convicted of reckless driving, recklessly endangering another person and second degree criminal mischief. ORS 811.140; ORS 163.195; ORS 164.354. All three crimes require a mens rea of recklessness. The issue is whether the trial court erred in refusing to give defendant’s requested jury instructions on negligence. We hold that it did not, and affirm.

While driving on Interstate 5 at a speed that exceeded the limit, defendant attempted to pass another vehicle by traveling in the fog lane on the right. Her car hit the rear passenger side of the vehicle, spun, hit a…