State v. Hawk

Defendant was convicted of the statutory infraction Driving Under the Influence of Intoxicants, ORS 487.540.

He sets forth 17 assignments of error. Two of the alleged errors involve jury instructions.

Defendant requested the following instruction:

"If you find that, as a matter of fact, the arresting officer did not have probable cause for making the arrest of the defendant then the arrest was unlawful and you may not consider any evidence taken after the arrest and must render a verdict of not guilty.”

Although whether there is probable cause to arrest is a factual determination, State v.…