State v. Jay

Defendant appeals from a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010. Defendant assigns error to the trial court’s refusal to give a curative instruction regarding the prosecutor’s opening remarks that — defendant contends on appeal— drew the jury’s attention to defendant’s invocation of her right to remain silent in violation of her rights under both the Oregon and United States constitutions. Defendant also assigns error to the trial court’s denial of her motion in limine to exclude evidence that the arresting officer asked defendant questions…