State v. Smith

Defendant appeals his conviction for driving under the influence of intoxicating liquor under the former ORS 483.992(2) In October 1976, the district court granted defendant’s pretrial motion suppressing his admissions that he was driving the motor vehicle. The state appealed this ruling to the circuit court which reversed the holding of the district court and remanded the case for trial. In March of 1977, defendant was convicted in the district court by jury verdict. The sole claim of error is that his admissions of driving should not have been considered by the jury because there was no…