State v. Wright

The majority reverses and remands this case on the basis of its conclusion that the trial court erred in excluding the arresting officer’s hearsay testimony. Evidential error is not presumed to be prejudicial. OEC lOáll);1 State v. Brown, 299 Or 143, 153, 699 P2d 1122 (1985). Because the error, if any, was harmless, I dissent.

Martino’s opinion that defendant was visibly intoxicated cannot support a conclusion that the stop of defendant was based on a reasonable suspicion that defendant was driving while intoxicated. ORS 131.615(1) provides:

“A peace officer who reasonably suspects that a…