State v. Luke

Defendant appeals from his convictions for driving under the influence of intoxicants (DUII), ORS 813.010, and reckless driving. ORS 811.140. We reverse the reckless driving conviction and otherwise affirm.

On September 2, 1988, defendant drove from Salem to the coast on Highway 20 in a vehicle owned by his passenger, Rosgen. Schmidt, a sergeant in the Lincoln County Sheriffs office, was off duty and was also traveling on Highway 20 with his wife on their motorcycle. At around 11:15 p.m., Schmidt stopped at Almaker Park so that his wife could put on her riding suit. Shortly after they stopped,…