State v. Bennett

Defendant appeals a judgmént of conviction, after a bench trial, of operating a motor vehicle while using a mobile communication device, ORS 811.507 (2013).1 She contends that the trial court should have entered a judgment of acquittal because, although she was using her cell phone while driving, she was doing so to coordinate deliveries of agricultural products from her farm and, thus, her conduct falls within the statute’s exemption for using such a device “for the purpose of farming or agricultural operations.” ORS 811.507(3)(b). We agree with defendant and, accordingly, reverse the…