- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 08-20-2014
- Case #: A145081
- Judge(s)/Court Below: Haselton, C.J. for the Court; Duncan, J.; & Armstrong, P.J.
- Full Text Opinion
Defendant was charged with criminally negligent homicide concerning a head-on automobile collision where Defendant was under the influence. While at the hospital directly following the accident, Defendant gave blood and urine samples which he claimed he was coerced into giving, and cognitively unable to give voluntary consent. On remand from the Oregon Supreme Court, who reversed the initial ruling that the samples were not given voluntarily, this Court examined Defendant’s alternative arguments for why the evidence should not be admitted at trial. Defendant first argued that pain medication administered at the hospital left him unable to give voluntarily consent. The Court disagreed, stating the trial court's assertion that Defendant was not sufficiently impaired by the drugs was supported by the evidence. Defendant argued that the officer had no probable cause to arrest defendant for DUII, relying on ORS 813.100(1) which provides that a police officer must have reasonable grounds to ask for tests after a motor vehicular accident if he believes the arrested driver was under the influence at the time of the accident. Thus, Defendant equated reasonable suspicion with probable cause. The Court stated that even if this were the case, it would, at most, be a statutory violation subject to ORS 136.432.1, which, since no other reason for limitation of evidence was given, would invalidate the suppression anyway. Reversed and remanded.