State v. Porter

Defendant appeals his conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1). To decide the merits of his appeal, we must determine the nature and effect of his acknowledgment, in a written agreement between him and the prosecution and in statements he made in court under oath, that he had driven while affected by alcohol at the time and place indicated in the citation. Defendant argues that the contents of the agreement and statements were merely evidentiary admissions that he was entitled to contest. The state characterizes them as stipulations with the effect of…