State v. Ryan

Defendant appeals her convictions for driving while her license was suspended (DWS), ORS 811.175, and reckless driving. ORS 811.140. We affirm the DWS conviction, vacate the reckless driving conviction and remand for further proceedings.

Defendant first contends that the trial court erred in denying her motion for judgment of acquittal on the reckless driving charge, because there was no evidence that she was driving “recklessly” as that word is defined in ORS 161.085(9):1

“ ‘Recklessly,’ when used with respect to a result or to a circumstance described by a statute defining an offense, means…