State v. Ragland

Defendant appeals from her conviction for driving under the influence of intoxicants (DUII). ORS 813.010. She contends, in part, that the trial court erred in permitting the prosecutor to cross-examine her on matters related to her invocation of her right to counsel and her right to remain silent, and further erred in allowing the prosecutor to comment indirectly in closing argument about the same matters. For the reasons set forth below, we agree with defendant and, consequently, reverse and remand.

For purposes of our review, the following material facts are undisputed. Early on the morning…