State v. Cassada

Defendant was convicted by a jury of driving under the influence of intoxicants. ORS 487.540. Because of a prior conviction for driving while suspended, defendant was tried under the provisions for enhanced punishment in former ORS 484.365. He assigns three errors.

First, he argues that the trial court erred in taking from the jury the question whether he was under the influence of intoxicants at the time of the act in question. The primary defense at trial was that defendant’s acquaintance, and not defendant, was driving the car when the officer stopped it. In his opening statement, defense…