State v. Smelcer

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010, arguing that the trial court erred in denying his motion for a judgment of acquittal. We agree and reverse.

On September 2,1994, Officer Miller stopped defendant after seeing him drive erratically within the City of Pen-dleton. After defendant was stopped, he left his car and hollered, ‘Well, you got me. Let’s go.” Defendant was disheveled and unbalanced, and his actions were erratic. At trial, Miller testified that, based on his training and experience, defendant appeared to be under the…