State v. Donovan

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He contends that the court erred in denying his motion to dismiss the charge on the ground of collateral estoppel. We affirm.

At the time of his arrest on November 30, 1985, defendant was on probation. His probation officer initiated probation revocation proceedings. The pertinent allegations of the probation violation report were that defendant had consumed alcohol and used or possessed controlled substances. The report stated that the allegations arose out of the incident which resulted in…