State v. Reed

Defendant appeals her conviction for driving under the influence of intoxicants (DUII). Former ORS 487.540 (now ORS 813.010). She argues that it was error to admit evidence of the horizontal gaze nystagmus (HGN) test and to refuse to give certain jury instructions. We affirm.

In April, 1985, Trooper Roberts stopped defendant, who was speeding and driving erratically. She smelled an odor of alcohol and asked defendant if she had been drinking. She said that she had. After reading her the Miranda rights, Roberts conducted several field sobriety tests, including the HGN test. Based on the results…