State v. Dahl

Defendant appeals from a judgment finding that she violated the maximum speed limit in an urban area. ORS 811.123. A police photo radar unit measured the vehicle’s speed and photographed the driver. To prove that defendant was the driver of the vehicle, the state relied solely on ORS 810.439(l)(b), which establishes a rebuttable presumption that the registered owner of a vehicle was its driver when a photo radar citation has been issued and delivered. Defendant assigns error to the trial court’s denial of her motion for judgment of acquittal, arguing that, by relying solely on that…