State v. Cruz

The state appeals from a pretrial order suppressing evidence that defendant was driving while under the influence of intoxicants (DUII). ORS 813.010. We reverse.

The single issue in this case is whether defendant was “driving” a motor vehicle, as required by ORS 813.010. The record discloses that, while riding in the passenger seat of a car, defendant grabbed the steering wheel and caused the car to jerk back and forth. Defendant’s wife, who was sitting in the driver’s seat, stopped the car by applying the brakes. Defendant then caused the car to accelerate rapidly by depressing the…