State v. Morgan

Defendant, who was convicted of DUII, argues that the trial court erred when it refused to allow defense counsel, pursuant to OEC 706, to impeach on cross-examination two police officers based on provisions of the National Highway Traffic Safety Administration’s Field Sobriety Test Instructor’s Manual (the NHTSA manual). In additional assignments of error, defendant challenges several other rulings in which the trial court excluded evidence pertaining to his medical condition, the effects of certain medication on that condition, and the reliability of field sobriety tests. Because we agree…