State v. Haley

Defendant seeks reversal of his convictions for driving while suspended (ORS 487.560(1)) and driving under the influence of intoxicants (ORS 487.540), contending that the trial court erred by withdrawing his affirmative defense of necessity from the jury. Because defendant offered no evidence to support one of the two elements of that defense, the trial court’s ruling was not reversible error. We therefore affirm.

Prior to trial, defendant stipulated that he was driving a motor vehicle on the night of his arrest, that his driver’s license was suspended and that he was under the influence of…