State v. Massey

Defendant appeals his conviction for driving under the influence of intoxicants (DUII). After defendant’s trial to the court, the court read a jury instruction based on State v. Miles, 8 Or App 189, 492 P2d 497, rev den (1972) (the Miles instruction), to explain its reasoning in finding defendant guilty. Defendant appeals, arguing that the court erred in relying on the instruction. We agree. Therefore, we reverse and remand.

One evening around 8:00 p.m., a witness saw defendant, driving a pickup truck, pull out of a driveway onto Highway 26 and begin driving very erratically. The witness…