State v. Taylor

This is a consolidated appeal by the state from four orders sustaining demurrers and dismissing charges of driving while suspended. The charging documents alleged that each defendant drove a motor vehicle on a public highway "during a period when his license to drive a motor vehicle was suspended” without further elaboration regarding the suspension or notice.

The demurrers were based upon two grounds and were sustained upon the first: that the charging instruments do not state offenses because they fail to charge the "necessary element of mental culpability.” The argument is that ORS…