State v. Costanzo

Defendant appeals his conviction for driving while his license was suspended. ORS 811.175. He assigns as error the trial court’s granting of the state’s motion to withdraw from the jury defendant’s instructions on the choice of evils defense and the affirmative defense of necessity. We reverse.

On August 24, 1987, Deputy Sheriff Poppen saw defendant driving a vehicle with a broken windshield. He turned the patrol car around to stop the vehicle. Before he reached the vehicle, defendant and his companion, Terry Pascoe, switched places so that she was driving. Poppen asked for identification and…