State v. Swanson

In this case, defendant was charged with reckless driving, which is a misdemeanor. In his ensuing jury trial, defendant asked the trial court to instruct the jury on the elements of careless driving, which is a traffic violation, arguing that it is a lesser-included offense of reckless driving. The trial court declined to give defendant’s requested instructions. On appeal, the Court of Appeals affirmed. State v. Swanson, 237 Or App 508, 240 P3d 63 (2010). The Court of Appeals reasoned that violations and crimes are distinctive categories of offenses and, under ORS 136.465, juries are…