State v. Fain

Defendant appeals from his conviction for driving while under the influence of intoxicants (DUII). ORS 813.010. He claims that the court erred when it granted the state’s motion to exclude the testimony of a defense expert. We review for abuse of discretion. See State v. Johanesen, 110 Or App 348, 351, 822 P2d 154 (1991).

On May 19, 1992, Deputy Johnston clocked defendant’s car traveling at 87 miles per hour in a 55-mile per hour zone. Johnston activated his overhead lights and stopped defendant. When Johnston approached defendant’s car, he smelled the odor of alcohol and noticed that…