State v. Clarke

Defendant appealed his conviction for driving under the influence cf intoxicants, ORS 813.010, contending that the court erred by excluding the testimony of one of his witnesses because he did not fully comply with ORS 135.835. We affirmed the judgment on the basis of our decision in State v. Ben, 97 Or App 640, 777 P2d 1001 (1989). The Supreme Court granted defendant’s petition for review and remanded for “further consideration in light of this court’s opinion in State v. Ben, 310 Or 309, 798 P2d 650 (1990).” We reverse and remand for a new trial.

The record is very sketchy regarding the…