State v. Allen

Defendant, who was convicted of driving under the influence of intoxicants, ORS 813.010, appeals, raising numerous assignments of error. We initially affirmed defendant’s conviction without opinion, State v. Allen, 198 Or App 534, 109 P3d 803 (2005). The Oregon Supreme Court subsequently allowed review, vacated our decision, and remanded the case to us for reconsideration in light of its decision in State v. Adams, 339 Or 104, 116 P3d 898 (2005). State v. Allen, 339 Or 609, 127 P3d 650 (2005). On remand, we write to address only defendant’s arguments concerning whether he was entitled to…