State v. Cavaner

Defendant was charged with third-degree assault, ORS 163.165(l)(a), and driving under the influence of intoxicants (DUII), ORS 813.010, based on an incident in which he drove while intoxicated and became involved in an accident, seriously injuring another driver. The state filed a motion in limine requesting that the court allow evidence of defendant’s past participation in a DUII diversion program, arguing that the evidence was relevant for the purpose of proving that defendant’s actions had been reckless. The trial court denied that motion and refused to allow the evidence. The state…