Legal Opinion
State v. Mink
Court of Appeals of Oregon
Decided August 8, 1977No. 1883-B-6, CA 7779PublishedCited by 10 opinions
petition for review pending
1Opinion of the CourtSchwab, C. J.
Defendant was charged with the crime of driving under the influence of intoxicants (DUII). He waived his right to jury trial and was tried to the court. The court found defendant not guilty of the crime of DUII, but guilty of the traffic infraction of DUII. 1 Defendant contends on appeal that the traffic infraction of DUII is not a lesser-included offense of the crime of DUII.
The statutory scheme of the DUII offenses is as follows:
"(1) A person commits the offense of driving while under the influence of intoxicants if he drives a vehicle while:
"(a) He has .10 percent or more by weight of…
2Cases cited8 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- State v. WashingtonOregon Supreme Court · 1975
- State v. KingCourt of Appeals of Oregon · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. Farr-LenziniCourt of Appeals of Washington · 1999
- State v. BarrieCourt of Appeals of Oregon · 2009
- State v. DarlinCourt of Appeals of Oregon · 1993
- State v. GilmoreCourt of Appeals of Oregon · 2024
- State v. CuffeeCourt of Appeals of Oregon · 1987
5 more not listed; retrieve them via the Exa API.