State v. Abbey

Defendant, who pleaded guilty to driving under the influence of intoxicants (DUII) for riding a bicycle while intoxicated, ORS 813.010, appeals, assigning error to the trial court’s revocation of his driving privileges pursuant to ORS 809.235(l)(b), the “three strikes” revocation statute. On appeal, defendant raises statutory and constitutional challenges to the use of a bicycling-related DUII as a basis for revocation of driving privileges. We review the trial court’s decision for legal error. See State v. Vazquez-Escobar, 211 Or App 115, 117, 153 P3d 168, rev den, 343 Or 224 (2007). As…