State v. Anderson

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He argues that the trial court erred in giving the “Miles instruction” 2 to the jury. We affirm.

On December 31,1990, at approximately 10:00 p.m., State Trooper Pearson saw defendant riding a motorcycle and stopped him, because he was speeding and weaving in his lane. He noted that defendant’s speech was slow and slurred, that his eyes were watery and bloodshot and that his breath had a strong odor of alcohol. Pearson asked him if he had been drinking. Defendant said that he had drunk four pints of…