State v. Rafeh

In 2012, the Driver and Motor Vehicle Services Division (DMV) of the Department of Transportation suspended defendant’s driver’s license for three years for refusing to submit voluntarily to a blood alcohol test. Approximately two and one-half years later, defendant was stopped while driving without a license, and the state charged her with driving while suspended (DWS). See ORS 811.182 (defining that crime). The question that this case presents is whether the federal Confrontation Clause prohibits the admission, in defendant’s DWS trial, of an earlier certification that defendant had been…