State v. Lyman

Defendant appeals his conviction for the traffic crime of Driving Under the Influence of Intoxicants. He was charged with the traffic crime under the provisions of ORS 484.365, which provides that conduct which would otherwise be a Class A traffic infraction is a Class A misdemeanor if the defendant has been convicted of any Class A traffic infraction or traffic crime within the five-year period immediately preceding the commission of the offense. Driving under the influence of intoxicants, absent the prior conviction, is a Class A traffic infraction. ORS 487.540. The sole issue in this case…