State v. Burgess

Defendant appeals her conviction for driving under the influence of intoxicants (DUII), ORS 813.010, and assault in the fourth degree, ORS 163.160. She assigns as error the trial court’s denial of her motion to dismiss the complaint based on double jeopardy, the trial court’s denial of her motion to dismiss the complaint based on the lack of subject matter jurisdiction, and the trial court’s refusal to exclude testimony pursuant to Oregon Evidence Code (OEC) 403. We affirm.

On September 5, 1993, defendant drove a three-wheel, all-terrain vehicle (ATV) into a tree near the intersection of Hill…