State v. Newman

Defendant was convicted of felony driving under the influence of intoxicants (DUII), ORS 813.010. At trial, defendant sought to introduce evidence that he suffers from a sleepwalking disorder and was “sleep driving” at the time he was stopped in his vehicle.1 Defendant argued he did not voluntarily drive his vehicle, an element of proof necessary to establish criminal liability for DUII. The trial court excluded defendant’s proffered evidence, concluding it was not relevant because DUII is a strict-liability offense. On appeal, the Court of Appeals agreed that DUII is a strict-liability…