State v. Walter

Defendant appeals his conviction of speed racing in violation of ORS 487.515(3) and (4). 1 The issue raised is whether the proper burden of proof is a preponderance of the evidence 2 which the trial court applied, or, as defendant asserts, the burden of proof must be beyond a reasonable doubt.

Defendant relies on Brown v. Multnomah County Dist. Ct., 280 Or 95, 570 P2d 52 (1977), in which the Supreme Court determined that the exclusion by statute of certain procedural provisions 3 for the offense of driving under the influence of intoxicants is unconstitutional. The court held that despite its…