State v. Miller

I join in the dissent of Carson, J., other than part I.B.2.1 join that dissent because in the circumstances of this case he correctly answers the governing question: Did the legislature “clearly indicate” an intention to dispense with all reasoned defenses to a DUII charge when the only indicator of legislative intent is legislative silence? As Berry v. Branner, 245 Or 307, 311, 421 P2d 996 (1966), states: “Legislative inaction is a weak reed upon which to lean in determining legislative intent.” The criminal code interpretive guidelines still strongly favor culpability as a necessary element…