Legal Opinion

State v. Toste

Court of Appeals of Oregon

Decided October 27, 2004No. 007169; A115472PublishedCited by 9 opinions

1Opinion of the Court

*13LANDAU, P. J.

In this criminal appeal, defendant challenges on double jeopardy grounds his conviction for driving under the influence of intoxicants (DUII). We affirm.

The relevant facts are few and undisputed. Defendant was stopped while driving on a state highway and arrested for DUII. Defendant disclosed to the arresting officer that he had consumed hydrocodone, the generic form of the analgesic Vicodin, shortly before his arrest. The state initially charged defendant with driving under the influence of alcohol only. ORS 813.010(l)(a). The jury was unable to reach a verdict on that charge,…

2Cases cited7 opinions

  1. State v. WyattOregon Supreme Court · 2000
  2. State v. TurnerOregon Supreme Court · 1967
  3. State v. RiggsCourt of Appeals of Oregon · 1996
  4. State Ex Rel. Turner v. FrankelOregon Supreme Court · 1995
  5. State v. MartinOregon Supreme Court · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. NeillCourt of Appeals of Oregon · 2007
  2. State v. MaganaCourt of Appeals of Oregon · 2007
  3. Gordon v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2011
  4. Topaz v. Oregon Board of Examiners for Engineering & Land SurveyingCourt of Appeals of Oregon · 2013
  5. Hughes v. PeaceHealthCourt of Appeals of Oregon · 2006

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API