Legal Opinion
State v. O'Key
Oregon Supreme Court
Decided July 7, 1995No. DC TM90-5122; CA A70279; SC S40926PublishedCited by 225 opinions
1Opinion of the CourtUnis, J.
This case concerns the admissibility of Horizontal Gaze Nystagmus (HGN) test evidence in a prosecution for driving under the influence of intoxicants (DUII), ORS 813.010.
FACTS AND PROCEDURAL BACKGROUND
On July 8, 1990, at about 12:30 a.m., Oregon State Trooper Gregory saw defendant leaving a social event held at the Philomath rodeo grounds. Trooper Gregory noticed that defendant was having trouble walking. After he watched defendant drive away in a pickup truck, make wide turns, and fail to react promptly to a green traffic light, Trooper Gregory stopped defendant. Trooper Gregory smelled…
2Cases cited27 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- State v. BrownOregon Supreme Court · 1984
- State v. Superior CourtArizona Supreme Court · 1986
- People v. LeahyCalifornia Supreme Court · 1994
- State v. MilbradtOregon Supreme Court · 1988
22 more not listed; retrieve them via the Exa API.
3Cited by225 opinions
- Hulse v. State, Department of JusticeMontana Supreme Court · 1998
- State v. SouthardOregon Supreme Court · 2009
- State v. Lawson/JamesOregon Supreme Court · 2012
- State v. CamposNew Mexico Supreme Court · 1996
- State v. ShaddenSupreme Court of Kansas · 2010
220 more not listed; retrieve them via the Exa API.