State v. Wardrip

Defendant appeals his conviction in a trial to the court for driving under the influence of intoxicants, ORS 487.540, contending the trial court erred in refusing to hear the testimony of a polygraph operator and in permitting the state to offer evidence that he refused a breath test. We affirm.

Defendant and the prosecutor agreed defendant would take a polygraph test prior to trial on the issue of whether he was driving. The written agreement, signed by the prosecutor, defendant and defense counsel, provided in part:

“* * * [T]he opinion of the examiner and his written report thereof…