State v. NEBERT

Defendant appeals a judgment of conviction of reckless driving. ORS 811.140. She contends that the trial court erred by refusing to allow her to present evidence, pursuant to ORS 161.300, that she suffered from a mental disease or defect. We agree and therefore reverse and remand.

The charged acts arose from an incident in which, as defendant’s trial counsel phrased it, defendant “drove in a scary way and * * * in a way that alarmed other people.” Before trial, defendant filed a notice of intent to offer evidence of a mental disease or defect to negate the “reckless” mental state required by…