State v. Guardipee

Defendant, who was convicted on charges of driving under the influence of intoxicants (DUII), ORS 813.010, and failure to appear on a criminal citation, ORS 133.076, appeals. She assigns error to (1) the trial court’s failure to give a requested jury instruction defining “driving” and (2) the admission of defendant’s bench warrant as substantive evidence with respect to the failure to appear charge. Specifically, with respect to the latter, defendant contends that the bench warrant was not admissible under the “public records” exception to the hearsay rule, OEC 803(8), 1 and that its…