State v. Schober

Defendant appeals from his conviction for driving under the influence of intoxicants. ORS 487.540. He assigns as error that the court did not sustain his objection to the introduction of testimony of two police officers in the state’s rebuttal case. We affirm.

Officer Means stopped defendant’s vehicle. Means taped the conversation with defendant that followed. He told defendant he was driving too slowly, swerving, and that he smelled alcohol. Defendant told Means, “I don’t drink.” After he was arrested, defendant refused to submit to an intoxilyzer test.

At the trial the state played the tape…