- Court: Oregon Court of Appeals
- Area(s) of Law: Evidence
- Date Filed: 11-02-2011
- Case #: A142837
- Judge(s)/Court Below: Brewer, C.J. for the Court; Ortega, P.J.; & Sercombe, J.
- Full Text Opinion
Defendant was convicted for DUII and assigned error to the trial court’s refusal to allow evidence that he was “sleep-driving.” Defendant asserted that the crime of DUII required proof of a voluntary act or culpable mental state. The trial court excluded evidence of defendant’s evidence on the ground that it was not relevant because DUII is a strict liability offense. Based on the Court's interpretation of relevant statutes and prior case law, the Court held that a DUII is a strict liability offense and that evidence concerning defendant’s mental state was irrelevant, and therefore properly denied. Affirmed.