State v. Cuffee

Defendant appeals from his conviction for careless driving. He was charged with reckless driving, a misdemeanor, which is triable to a jury. ORS 811.140. Careless driving is a traffic infraction. ORS 811.135. Jury trials are not available for that offense. ORS 153.240(1). The jury acquitted defendant of reckless driving. The trial judge then found him guilty of careless driving and imposed a fine.

Defendant argues that his conviction of careless driving, after the jury had acquitted him of the greater offense, violated his rights against former jeopardy under ORS 131.515(3), which provides, in…