Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. Minow

Summarized by: 

Date Filed: 10-26-2011
Case #: A140670
Brewer, C.J. for the Court; & Edmonds, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A140670.pdf

Criminal Law: A defendant commits the crime of attempting to drive while intoxicated if he or she attempts to get into the driver's seat of a vehicle, even if a third party is in the process of intervening.

Defendant was convicted of driving while suspended. A police officer observed the intoxicated defendant, who had a suspended drivers license, standing next to the open door of his truck at a restaurant, arguing with a restaurant employee. The police officer arrested the defendant for attempting to drive under the influence. The police officer upon further questioning discovered that the defendant had been driving while suspended. Defendant argued on appeal that the charge of attempted driving under the influence is not a crime and therefore the information elicited regarding his driving while suspended should have been suppressed. The state stipulated that attempted driving under the influence is not a crime but argued that the police officer had probable cause to arrest the defendant regardless of the attempt charge. The Court of Appeals held that attempted driving under the influence is a crime, and that defendant’s actions of standing beside his truck with the door open at a restaurant constituted a substantial step toward committing the crime of driving while intoxicated. Affirmed.