State v. Dean

Defendant appeals his conviction for driving under the influence of intoxicants. Former ORS 487.540.1 He was stopped on suspicion of DUII while he was steering and braking a vehicle that was being towed by another vehicle on a public highway. He argues that he was not in actual physical control'of the vehicle being towed and, therefore, that he was not driving.2 We affirm.

In State v. Duggan, 47 Ór App 219, 613 P2d 1110 (1980), rev’d on other grounds, 290 Or 369, 622 P2d 316 (1981), we interpreted former ORS 487.005(5), which then provided: “ ‘Driver’ or ‘operator’ means any person who is in…