State v. Winters

Defendant appeals his conviction by a jury of Driving Under the Influence of Intoxicants, ORS 484.365. He makes three claims of error: (1) the court erred in admitting evidence defendant had previously been convicted of Driving Under the Influence of Intoxicants; (2) the court erred in commenting in front of the jury that the breathalyzer operator was qualified to operate the machine; and (3) the court erred in limiting defendant’s cross-examination of the breathalyzer operator.

Defendant was charged with the traffic crime of Driving Under the Influence of Intoxicants because of a prior…