Description:

Salem, Oregon criminal defense lawyer represented the Defendant charged with unauthorized use of a vehicle (UUV), ORS 164.135.


To commit the crime of UUV, a person must knowingly take, operate, exercise control over or otherwise use another's vehicle, and be aware of and consciously disregard a substantial and unjustifiable risk that they do not have
[336 Or.App. 253] the consent of the owner to do so. ORS 164.135(1)(a)(A) - (C). The statute was amended in 2019 to add a reckless culpable mental state as to the owner's consent to use the vehicle. ORS 164.135(1)(a)(B); see State v. Fitch, 335 Or.App. 556, 558,P.3d(2024). As such, we have up to now only ever considered whether facts established probable cause for UUV with a knowing culpable mental state. See, e.g., State v. Ayvazov, 246 Or.App. 641, 647, 267 P.3d 196 (2011), rev den, 351 Or. 675 (2012) (concluding that the facts that the vehicle that was reported stolen, and was seen "being driven by a man who appeared to be attempting to run down a woman" were sufficient for probable cause); Gibson, 268 Or.App. at 432 (holding that the additional fact that the driver of the stolen vehicle could not produce the vehicle's registration or insurance information established probable cause); McCall, 315 Or.App. at 544 (holding that the officer had probable cause to arrest a person standing by the driver's side door of a vehicle that was reported stolen and "working on the inside door handle with a pair of pliers").

State v. Huerta-Contreras, 336 Or.App. 251, A177934 (Or. App. Nov 20, 2024)

Outcome: Reversed and remanded.

Plaintiff's Experts:

Defendant's Experts:

Comments: